Commonwealth Consolidated Acts

REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 3

             (1)  In this Act, unless the contrary intention appears:

"aircraft" includes any machine that can derive support in the atmosphere from the reactions of the air.

"appoint" includes re-appoint.

"Australian aircraft" means:

                     (a)  an aircraft registered in Australia in accordance with the Civil Aviation Regulations; or

                     (b)  an aircraft belonging to an arm of the Defence Force of Australia.

"Australian flight" , in relation to a flying craft, means a flight by the flying craft:

                     (a)  that commenced at a place in Australia or in an external Territory;

                     (b)  that ended, or was intended to end, at a place in Australia or in an external Territory; or

                     (c)  that otherwise involved, or was intended to involve, the flying craft landing at a place in Australia or in an external Territory.

"Australian ship" means:

                     (a)  a ship registered under the Shipping Registration Act 1981 ; or

                     (b)  a ship belonging to an arm of the Defence Force of Australia.

"Australian voyage" , in relation to a ship, means a voyage by the ship:

                     (a)  that commenced at a place in Australia or in an external Territory;

                     (b)  that ended, or was intended to end, at a place in Australia or in an external Territory; or

                     (c)  that otherwise involved, or was intended to involve, the ship calling at a place in Australia or in an external Territory.

"Certificate of Death Abroad" means a Certificate of Death Abroad completed under section 15.

"flying craft" means:

                     (a)  an aircraft; or

                     (b)  a spacecraft.

"index" means the index kept in accordance with section 18.

"prescribed person" means a person who:

                     (a)  is an Australian citizen; or

                     (b)  ordinarily resides in Australia or in an external Territory; or

                     (c)  is in receipt of a pension, allowance or benefit under the Social Security Act 1991 ; or

                     (d)  is in receipt of a pension, allowance or benefit under the Veterans' Entitlements Act 1986 ; or

                     (e)  is receiving weekly amounts of compensation under the Military Rehabilitation and Compensation Act 2004 .

"Register" means the Register of Deaths Abroad kept in pursuance of section 7.

"registering officer" means:

                     (a)  the Registrar;

                     (b)  a person holding, or performing the duties of, any of the following offices (being an office of Australia) in a country or place outside Australia:

                              (i)  Ambassador;

                             (ii)  High Commissioner;

                            (iii)  Minister;

                            (iv)  Head of a Mission;

                             (v)  Charge d'Affairs;

                            (vi)  Counsellor, Secretary or Attache of an Embassy, High Commission, Legation or other post;

                           (vii)  Consul‑General;

                           (viii)  Consul;

                            (ix)  Vice‑Consul;

                             (x)  Honorary Consul‑General;

                            (xi)  Honorary Consul; or

                           (xii)  Honorary Vice‑Consul; or

                     (c)  a person (including a person holding an office of a foreign country) authorized by, or on behalf of, the Government of Australia to be a consular representative of Australia in a country or place outside Australia.

"Registrar" means the Registrar of Deaths Abroad appointed under section 5.

"ship" means any kind of vessel capable of navigating the high seas and includes:

                     (a)  a barge, lighter or other floating vessel;

                     (b)  a structure that is able to float or be floated and is able to move or be moved as an entity from one place to another; and

                     (c)  an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.

             (2)  If a flight of a flying craft between 2 places forms part of a longer flight of the flying craft, that longer flight shall be deemed to be the flight of the flying craft for the purposes of this Act.

             (3)  If a voyage of a ship between 2 places forms part of a longer voyage of the ship, that longer voyage shall be deemed to be the voyage of the ship for the purposes of this Act.

             (4)  For the purposes of this Act, where a flying craft or ship has disappeared, persons on that flying craft or ship who, or whose bodies, have not been found shall be deemed to have disappeared from that flying craft while it was in flight or from that ship while it was at sea, as the case may be.

             (5)  A reference in this Act to a person does not include a reference to a child who was not born alive.

             (6)  A child shall be taken to have been born alive for the purposes of this Act if the child has breathed after having been completely expelled or extracted from the body of the mother of the child.