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REGISTRATION OF DEATHS ABROAD ACT 1984 - SECT 9

Certain disappearances to be taken to be deaths

             (1)  Where:

                     (a)  a person has (whether before or after the commencement of this Act) disappeared from:

                              (i)  an Australian aircraft while it was in flight;

                             (ii)  an Australian ship while it was at sea;

                            (iii)  a flying craft (other than an Australian aircraft) while it was in flight on an Australian flight; or

                            (iv)  a ship (other than an Australian ship) while it was at sea on an Australian voyage; and

                     (b)  a registering officer is satisfied beyond reasonable doubt that the person has died;

the person shall, for the purposes of this Act, be deemed to have died on board that flying craft or ship.

             (2)  The regulations:

                     (a)  may provide that, for the purposes of this Act, a registering officer shall not be taken to be satisfied beyond reasonable doubt that a person who has disappeared as mentioned in paragraph (1)(a) has died unless he or she is satisfied as to specified matters in relation to the disappearance of the person; or

                     (b)  may prescribe matters that are to be taken into account by a registering officer when deciding, for the purposes of this Act, whether he or she is satisfied beyond reasonable doubt that a person who has so disappeared has died.



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