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This is a Bill, not an Act. For current law, see the Acts databases.
WESTERN AUSTRALIA
W44444444U
LEGISLATIVE COUNCIL
ACTS REPEAL AND AMENDMENT
(BIRTHS, DEATHS AND
MARRIAGES REGISTRATION)
BILL 1998
A BILL FOR
AN ACT to repeal the --
C Change of Names Regulation Act 1923;
C Legitimation Act 1909; and
C Registration of Identity of Persons Act 1975,
and, as a consequence of the enactment of the Births,
Deaths and Marriages Registration Act 1998, to amend
various other Acts.
The Parliament of Western Australia enacts as follows:
cl. 1
Short title
1. This Act may be cited as the Acts Repeal and Amendment
(Births, Deaths and Marriages Registration) Act 1998.
Commencement
5 2. This Act comes into operation on the day on which the Births,
Deaths and Marriages Registration Act 1998 comes into operation.
Change of Names Regulation Act 1923 repealed
3. (1) The Change of Names Regulation Act 1923 is repealed.
(2) The Change of Names Regulations 1990 are repealed.
10 Legitimation Act 1909 repealed
4. The Legitimation Act 1909 is repealed.
Registration of Identity of Persons Act 1975 repealed
5. (1) The Registration of Identity of Persons Act 1975 is
repealed.
15 (2) The Registration of Identity of Persons Regulations, 1975
are repealed.
Adoption Act 1994 amended
6. (1) In this section the Adoption Act 1994* is referred to as
the principal Act.
20 [* Act No. 9 of 1994.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 4 and Act
No. 57 of 1997.]
2 DRAFT [4/6/98(1101)]
cl. 6
(2) Section 4 of the principal Act is amended by deleting the
definition of ``Registrar General'' and substituting the following
definition --
``
5 ``Registrar'' means the Registrar of Births, Deaths and
Marriages;
''.
(3) Section 74 (2) (a) of the principal Act is deleted and the
following paragraph is substituted --
10 ``
(a) section 34 (3) of the Births, Deaths and Marriages
Registration Act 1998;
''.
(4) Section 78 of the principal Act is repealed and the
15 following section is substituted --
``
Court to notify Registrar of adoption order etc.
78. (1) If the Court --
(a) makes; or
20 (b) under section 77 (2) makes an order discharging,
an adoption order, the registrar of the Court is to give the
Registrar written notice of the particulars.
(2) If the adoptee's birth is not registered in this State
under the Births, Deaths and Marriages Registration Act 1998
25 then in addition to the notice referred to in subsection (1), the
registrar of the Court is to give the Registrar a copy of the
original registration of the adoptee's birth, if available.
3 DRAFT [4/6/98(1101)]
cl. 6
(3) In this section --
``particulars'' means --
(a) the date of the order;
(b) the full name, address and occupation of the
5 adoptive parent;
(c) the name by which the adoptee is known
before, and is to be known after, the order
becomes effective;
(d) the terms of consequential or ancillary
10 orders under section 77 (5);
(e) if available, details of the date and place of
the adoptee's birth and name and address of
the adoptee's birth parents; and
(f) if available, such other information required
15 by the Registrar in relation to the
registration of the adoptee's birth under the
Births, Deaths and Marriages Registration
Act 1998.
''.
20 (5) Section 79 (1) (g) of the principal Act is amended by
deleting ``General''.
(6) Section 80 (1) of the principal Act is amended by deleting
``General''.
(7) Section 85 (2) (a) of the principal Act is amended by
25 deleting ``General''.
4 DRAFT [4/6/98(1101)]
cl. 6
(8) Section 85 (2) (b) of the principal Act is deleted and the
following is substituted --
``
(b) the Births, Deaths and Marriages Registration Act 1998
5 in relation to the manner of application for access to
information held by the Registrar; and
''.
(9) Section 85 (3) of the principal Act is repealed and the
following subsection is substituted --
10 ``
(3) The production to the Registrar of the authority
referred to in subsection (2) (a) is to be treated as an
adequate reason, for the purposes of section 54 or 55 of the
Births, Deaths and Marriages Registration Act 1998, for the
15 Registrar --
(a) to allow a person access to the Register;
(b) to provide a person with information extracted
from the Register; or
(c) to search for information in the Register,
20 within the meaning of that Act.
''.
(10) Section 86 of the principal Act is amended by deleting
``General''.
(11) Section 87 of the principal Act is amended by deleting
25 ``Section 19 (1) of the Registration of Births, Deaths and Marriages
Act 1961'' and substituting the following --
``
Section 57 (3) of the Births, Deaths and Marriages
Registration Act 1998
30 ''.
5 DRAFT [4/6/98(1101)]
cl. 7
(12) Section 92 of the principal Act is repealed and the
following section is substituted --
``
Registrar to provide information to Director-General
5 92. (1) The Registrar is to give to the Director-General
such information from the Register as the Director-General
certifies in writing is required by the Director-General for the
purposes of this Act.
(2) If the Registrar receives information that a person
10 has died, and it appears from the Register that the person
was an adoptee, the Registrar is to inform the
Director-General of the adoptee's death.
(3) In this section --
``Register'' has the meaning that it has in the Births,
15 Deaths and Marriages Registration Act 1998.
''.
Anatomy Act 1930 amended
7. (1) In this section the Anatomy Act 1930* is referred to as
the principal Act.
20 [* Reprinted as authorized 18 March 1970.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 10.]
(2) Section 10A (2) of the principal Act is amended by inserting
after ``certificate'' the following --
25 `` or record ''.
(3) Section 12 of the principal Act is amended by deleting
``a certificate stating in what manner such person came by his
6 DRAFT [4/6/98(1101)]
cl. 7
death has, previously to the removal of the body, been signed by
the medical practitioner who attended such person during the
illness whereof he died, or, if no such practitioner attended such
person during such illness, then by some medical practitioner or
5 some stipendiary magistrate who is called in after the death of
such person to view his body and who states the manner or cause of
death, according to the best of his knowledge and belief, but who
shall not be concerned in examining the body after removal; and in
the case of such removal such certificate'' and substituting the
10 following --
``
before the removal of the body --
(a) a certificate of cause of death has been provided
under section 44 of the Births, Deaths and
15 Marriages Registration Act 1998 in relation to the
person by a medical practitioner other than one
concerned in examining the body after the
removal; or
(b) a coroner has made findings as to how the death
20 occurred and the cause of death,
as is applicable to the case; and the certificate or the record of
the coroner's findings
''.
(4) Section 13 of the principal Act is amended by inserting
25 after ``certificate'' the following --
`` or record ''.
(5) Section 14 of the principal Act is amended by inserting
after ``certificate'' in the 3 places where it occurs the following --
`` or record ''.
7 DRAFT [4/6/98(1101)]
cl. 8
Coroners Act 1996 amended
8. (1) In this section the Coroners Act 1996* is referred to as
the principal Act.
[* Act No. 2 of 1996.
5 For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 52 and Act
No. 57 of 1997.]
(2) Section 3 of the principal Act is amended in the definition
of ``reportable death'' in paragraph (i) by deleting ``a medical
10 certificate under section 41 (1) (a) of the Registration of Births,
Deaths and Marriages Act 1961 has not been completed and
signed'' and substituting the following --
``
the cause of death has not been certified under section 44 of
15 the Births, Deaths and Marriages Registration Act 1998
''.
(3) Section 17 (3) of the principal Act is amended --
(a) after paragraph (a) by deleting ``or'';
(b) after paragraph (b) by deleting the full stop and
20 substituting the following --
`` ; or ''; and
(c) after paragraph (b) by inserting the following
paragraph --
``
25 (c) in the opinion of the doctor, the death has
occurred under any suspicious
circumstances.
''.
8 DRAFT [4/6/98(1101)]
cl. 9
(4) Section 25 (1) (d) of the principal Act is amended by
deleting ``Registration of Births, Deaths and Marriages Act 1961''
and substituting the following --
`` Births, Deaths and Marriages Registration Act 1998 ''.
5 (5) Section 28 (1) of the principal Act is amended by deleting
``Registrar General within the meaning of the Registration of
Births, Deaths and Marriages Act 1961'' and substituting the
following --
`` Registrar of Births, Deaths and Marriages ''.
10 (6) Section 28 (2) of the principal Act is amended by deleting
``Registrar General'' and substituting the following --
`` Registrar of Births, Deaths and Marriages ''.
Cremation Act 1929 amended
9. The Cremation Act 1929* is amended --
15 (a) by deleting section 8A (a) and substituting the following
paragraphs --
``
(a) unless a certificate of cause of death has
been provided under section 44 of the Births,
20 Deaths and Marriages Registration Act 1998
in relation to the deceased person;
(aa) where the deceased person died in a place
outside the State, unless a certificate of
cause of death has been provided under the
25 law of the place in relation to the deceased
person;
'';
and
9 DRAFT [4/6/98(1101)]
cl. 10
(b) by repealing section 11.
[* Reprinted as approved 8 April 1971.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 55.]
5 The Criminal Code amended
10. The Criminal Code* is amended in section 340 (7) by deleting
``a district registrar'' and substituting the following --
`` the Registrar of Births, Deaths and Marriages ''.
[* Reprinted as at 21 April 1997.
10 For subsequent amendments see Acts Nos. 69 of 1996
and 19, 49 and 57 of 1997.]
Electoral Act 1907 amended
11. The Electoral Act 1907* is amended --
(a) in section 40 (1) (b) by deleting ``Registrar General
15 appointed under the Registration of Births, Deaths and
Marriages Act 1961'' and substituting the following --
`` Registrar of Births, Deaths and Marriages ''; and
(b) by repealing section 56 and substituting the following
section --
20 ``
Lists of deaths occurring in the State
56. The Registrar of Births, Deaths and
Marriages shall, as soon as is reasonably
practicable after the end of each month, forward
25 to the Electoral Commissioner a list, in the
10 DRAFT [4/6/98(1101)]
cl. 12
prescribed form, containing the names, address,
occupation, and age at the time of death of every
person not under 18 years of age, whose death has
been registered in the State during the month.
5 ''.
[* Reprinted as at 22 April 1997.
For subsequent amendments see Acts Nos. 69 of 1996
and 42 of 1997.]
Evidence Act 1906 amended
10 12. The Evidence Act 1906* is amended --
(a) in section 56 (b) by deleting ``Registrar General,
Assistant or Deputy Registrar General'' and
substituting the following --
``
15 the Registrar or a Deputy Registrar of Births,
Deaths and Marriages
'';
and
(b) in section 73B (1) and (3) by deleting ``Registrar
20 General'' in each case and substituting the following --
`` Registrar of Births, Deaths and Marriages ''.
[* Reprinted as at 10 September 1996.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, pp. 76-7 and
25 Acts Nos. 69 of 1996 and 57 of 1997.]
11 DRAFT [4/6/98(1101)]
cl. 13
Friendly Societies Act 1894 amended
13. (1) In this section the Friendly Societies Act 1894* is
referred to as the principal Act.
[* Reprinted as authorized 5 August 1974.
5 For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 90 and Act
No. 1 of 1997.]
(2) Section 12 (2) of the principal Act is amended by deleting
``a certificate of such death under the hand of the Registrar
10 General or district registrar, or other person having the care of the
register of deaths in which such death is or ought to be entered''
and substituting the following --
``
an appropriate certificate from the Registrar of Births,
15 Deaths and Marriages
''.
(3) Section 14 (8) of the principal Act is repealed.
(4) Section 37 (2) of the principal Act is amended by deleting
``General or district registrar of deaths, or other person having the
20 care of the register of deaths'' and substituting the following --
`` of Births, Deaths and Marriages ''.
(5) Section 37 (3) of the principal Act is amended by deleting
``General or district registrar of deaths'' in the 2 places where it
occurs and substituting the following --
25 `` of Births, Deaths and Marriages ''.
(6) Section 37 (4) of the principal Act is amended --
(a) by deleting ``General or district registrar of deaths'' and
substituting the following --
`` of Births, Deaths and Marriages ''; and
12 DRAFT [4/6/98(1101)]
cl. 14
(b) by deleting ``on the certificate of a coroner or a legally
qualified medical practitioner who attended such
deceased child during its last illness''.
Health Act 1911 amended
5 14. (1) In this section the Health Act 1911* is referred to as the
principal Act.
[* Reprinted as at 11 March 1997.
For subsequent amendments see Acts Nos. 103 of 1994,
34 of 1995, 2 of 1996 and 57 of 1997.]
10 (2) Section 275 (1) of the principal Act is amended by deleting
``district registrar of births and deaths in the registry district
within which the birth of such child was registered'' and
substituting the following --
`` Registrar of Births, Deaths and Marriages ''.
15 (3) Section 284 of the principal Act is amended by deleting
``gives a death certificate'' and substituting the following --
``
, for the purposes of section 44 of the Births, Deaths and
Marriages Registration Act 1998, certifies the cause of death
20 ''.
(4) Section 335 (5) (c) of the principal Act is deleted and the
following paragraph is substituted --
``
(c) A medical practitioner who, for the purposes of
25 section 44 of the Births, Deaths and Marriages
Registration Act 1998, certifies the cause of a neonatal
death shall notify the Executive Director, Public Health
of the fact in the prescribed form within 48 hours of the
certification.
30 ''.
13 DRAFT [4/6/98(1101)]
cl. 15
(5) Section 336A (1) of the principal Act is amended by
deleting ``was at the time of such stillbirth or death attending that
child or who certified that the death of the child had occurred'' and
substituting the following --
5 ``
, for the purposes of section 44 of the Births, Deaths and
Marriages Registration Act 1998, certified the cause of the
child's death
''.
10 Licensed Surveyors Act 1909 amended
15. Section 14 (3) of the Licensed Surveyors Act 1909* is
amended by deleting ``Every district registrar of deaths in Western
Australia'' and substituting the following --
`` The Registrar of Births, Deaths and Marriages ''.
15 [* Reprinted as approved 1 September 1995.
For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 132 and Act
No. 79 of 1996.]
Pharmacy Act 1964 amended
20 16. Section 30 (2) of the Pharmacy Act 1964* is amended by
deleting ``Registrar General of Western Australia'' and substituting
the following --
`` Registrar of Births, Deaths and Marriages ''.
[* Reprinted as approved 18 April 1983.
25 For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 175.]
14 DRAFT [4/6/98(1101)]
cl. 17
The Kalgoorlie and Boulder Racing Clubs Act 1904 amended
17. Section 39 of The Kalgoorlie and Boulder Racing Clubs
Act 1904* is repealed.
[* Private Act.
5 For subsequent amendments see 1996 Index to
Legislation of Western Australia, Table 1, p. 121.]
Witness Protection (Western Australia) Act 1996 amended
18. (1) In this section the Witness Protection (Western
Australia) Act 1996* is referred to as the principal Act.
10 [* Act No. 11 of 1996.
For subsequent amendments see Act No. 57 of 1997.]
(2) Section 3 of the principal Act is amended --
(a) in the definition of ``prescribed authority'' by deleting
``a person appointed for the purposes of the Registration
15 of Births, Deaths and Marriages Act 1961'' and
substituting the following --
`` the Registrar of Births, Deaths and Marriages '';
and
(b) in the definition of ``prescribed register'' by deleting
20 ``Registration of Births, Deaths and Marriages Act 1961''
and substituting the following --
``
Births, Deaths and Marriages Registration
Act 1998
25 ''.
15 DRAFT [4/6/98(1101)]
cl. 18
(3) Section 18 (1) (b) of the principal Act is amended by
deleting ``deed poll or a licence under the Change of Names
Regulation Act 1923'' and substituting the following --
``
5 registration of change of name under Part 5 of the Births,
Deaths and Marriages Registration Act 1998
''.
(4) Section 18 (4) of the principal Act is amended by deleting
``deed poll or a licence under the Change of Names Regulation
10 Act 1923'' and substituting the following --
``
registration of change of name under Part 5 of the Births,
Deaths and Marriages Registration Act 1998
''.
15 (5) Section 19 of the principal Act is amended in the definition
of ``new identity order'' by deleting ``Registrar General to make a
new entry in the register of births kept under the Registration of
Births, Deaths and Marriages Act 1961'' and substituting the
following --
20 ``
Registrar of Births, Deaths and Marriages to make a new
entry in the register of births kept under the Births, Deaths
and Marriages Registration Act 1998
''.
25 (6) Section 21 (1) (c) of the principal Act is amended by
deleting ``deed poll or by licence under the Change of Names
Regulation Act 1923'' and substituting the following --
``
registration of change of name under Part 5 of the Births,
30 Deaths and Marriages Registration Act 1998
''.
16 DRAFT [4/6/98(1101)]
cl. 18
(7) Section 24 (1) of the principal Act is amended by deleting
``Registration of Births, Deaths and Marriages Act 1961'' and
substituting the following --
`` Births, Deaths and Marriages Registration Act 1998 ''.
W44444444U
17 DRAFT [4/6/98(1101)]
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