Australian Capital Territory Numbered Acts

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BIRTHS, DEATHS AND MARRIAGES - SECT 3

3. The Acts specified in the Schedule are repealed.

Interpretation

4. (1) In this Act, unless the contrary intention appears—

“adult” means a person who—

        (a)     has the attained the age of 18 years; or

        (b)     is or has been married;

“authorised celebrant” means an authorised celebrant under the Marriage Act 1961 of the Commonwealth;
“birth” includes still-birth;
“change”, in relation to a person's name, includes an alteration by way of addition, omission or substitution;
“child” means a person other than an adult and includes a still-born child;
“commencement of this Act” means the commencement of the provisions of this Act, other than sections 1 and 2;
“corresponding law” means a law of a State or another Territory that provides for the registration of births, deaths and marriages;
“death” does not include a still-birth;
“determined fee” means the fee—

        (a)     determined by the Minister; or

        (b)     calculated in accordance with a manner determined by the Minister;

under subsection 67 (1) for the purposes of the provision in which the expression occurs;

“disposal”, in relation to human remains, means—

        (a)     cremation;

        (b)     burial, including burial at sea;

        (c)     placing the remains in a mausoleum or other permanent resting place;

        (d)     placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or

        (e)     removal from the Territory, other than where the remains have been cremated;

“doctor” means a registered medical practitioner under the Medical Practitioners Act 1930 ;
“funeral director” means a person who carries on the business of arranging for the disposal of human remains;
“prohibited name” means a name that—

        (a)     is obscene or offensive;

        (b)     could not practically be established by repute or usage—

              (i)     because it is too long;

              (ii)     because it consists of or includes symbols without phonetic significance in the English language; or

              (iii)     for any other reason;

        (c)     includes or resembles an official title or rank;

        (d)     is misleading because of similarity with the name of a body or organisation;

        (e)     is, in the opinion of the Registrar-General, undesirable; or

        (f)     is, or is a name of a kind that is, prohibited by the regulations;

“Register” means a register maintained under subsection 39 (1) and includes the registers that, by virtue of subsection 39 (5), are incorporated with the Register;
“registering authority” means an authority responsible under a corresponding law for the registration of births, deaths and marriages;
“registrable event” means a birth, death, marriage, change of name or change of sex;
“registrable information” means information that is to be or may be included in the Register;
“Registrar-General” means the Registrar-General under the Registrar-General Act 1993 ;
“repealed Act” means the Registration of Births, Deaths and Marriages Act 1963 ;
“still-birth” means the birth of a still-born child;
“still-born child” means a child of at least 20 weeks' gestation or, if it cannot be established reliably whether the period of gestation is more or less than 20 weeks, with a body mass of no less than 400 grams at birth, who exhibits no sign of respiration or heart beat, or other sign of life, immediately after birth.

(2) In this Act a reference to the parents of a child shall be read as a reference to the parents jointly.

Division 1—Notification of births

Notification of births

5. (1) In this section—

“responsible person” means—

        (a)     in the case of a child born in a hospital or brought to a hospital within 24 hours after birth—the chief executive officer of the hospital; or

        (b)     in any other case—the doctor or midwife responsible for the professional care of the mother at birth.

(2) Where a child is born in the Territory, the responsible person shall give to the Registrar-General written notice of the birth in accordance with this section.

Penalty: 5 penalty units.

(3) A notice under subsection (2) shall include the prescribed particulars and shall be given—

        (a)     in the case of a child born alive—within 7 days after the birth; or

        (b)     in the case of a still-birth—within 48 hours after the birth.

(4) Where a still-birth has occurred, the doctor responsible for the professional care of the mother at the birth or a doctor who examined the body of the still-born child after the birth shall give to the responsible person, within 48 hours after the birth, a certificate, in a form approved by the Registrar-General, certifying the cause of foetal death.

Penalty: 5 penalty units.

(5) It is a defence to a prosecution for a breach of subsection (4) if the defendant satisfies the court that he or she believes on reasonable grounds that another doctor has given the required certificate.

(6) A notice under subsection (2) shall be accompanied by any relevant certificate given under subsection (4).

Division 2—Registration of births

Interpretation


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