BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 3. Objects of Act 4. Definitions PART 2--Administration Division 1--The Registrar 5. Registrar 6. Registrar's general functions 7. Registrar's staff 8. Delegation Division 2--Execution of documents 9. The Registrar's seal 10. Execution of documents Division 3--Reciprocal administrative arrangements 11. Reciprocal administrative arrangements PART 3--Registration of births Division 1--Notification of births 12. Notification of births Division 2--Registration of births 13. Cases in which registration of birth is required or authorised 14. How to have the birth of a child registered 15. Responsibility to have birth registered 16. Obligation to have birth registered 17. Registration Division 3--Alteration of details of birth registration 18. Alteration of details of parentage after registration of birth Division 4--Court orders relating to registration of birth 19. Application to Court 20. Power to direct registration of birth etc Division 5--Child's name 21. Name of child 22. Dispute about child's name Division 6--Surrogacy orders 22A. Surrogacy orders PART 4--Change of name 23. Change of name by registration 24. Application to register change of adult's name 25. Application to register change of child's name 26. Child's consent to change of name 27. Registration of change of name 28. Entries to be made in the Register 29. Change of name may still be established by repute or usage 29A. Saving provision--surrogacy arrangements PART 5--Registration of marriages 30. Cases in which registration of marriage is required 31. How to have marriage registered 32. Registration of marriage PART 6--Registration of deaths Division 1--Cases where registration of death is required or authorised 33. Deaths to be registered under this Act Division 2--Court orders relating to registration of death 34. Application to Court 35. Power to direct registration of death etc Division 3--Notification of deaths 36. Notification of deaths by doctors 37. Notification by coroner 38. Notification by funeral director etc Division 4--Registration of death 39. Registration PART 7--The Register Division 1--Keeping the Register 40. The Register Division 2--Registrar's powers of inquiry 41. Registrar's powers of inquiry Division 3--Correction of Register 42. Registrar's power to correct Register Division 4--Access to, and certification of, Register entries 43. Access to Register 44. Search of Register 45. Protection of privacy 46. Issue of certificate 47. Access policies 48. Fees 49. Power to remit fees 49A. Saving provision--surrogacy arrangements PART 8--General power of review 50. Review PART 9--Miscellaneous 50A. Documents to be provided before disposal of remains 51. False representation 52. Unauthorised access to or interference with Register 53. Falsification of certificate etc 55. Regulations SCHEDULE 1--Transitional Legislative history BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - LONG TITLE An Act about the registration of births, deaths and marriages and related matters. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 1 1--Short title This Act may be cited as the Births, Deaths and Marriages Registration Act 1996. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 3 3--Objects of Act The objects of this Act are to provide for-- (a) the registration of births, deaths and marriages in South Australia; and (b) the registration of changes of name; and (c) the keeping of registers for recording and preserving information about births, deaths, marriages and changes of name in perpetuity; and (d) access to the information in the registers in appropriate cases by government or private agencies and members of the public, from within and outside the State; and (e) the issue of certified information from the registers; and (f) the collection and dissemination of statistical information. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 4 4--Definitions In this Act-- "adult" means a person who is 18 or above or, although under 18, is or has been married; "authorised celebrant" means an authorised celebrant under the Marriage Act 1961 (Cwth); "birth" means the expulsion or extraction of a child from its mother; "change" of name includes an addition, omission or substitution; "child" includes a still-born child; "corresponding law" means a law of another State that provides for the registration of births, deaths and marriages; "Court" means the Magistrates Court; "death" includes still-birth; "disposal" of human remains means-- (a) cremation of the remains; or (b) burial of the remains (including burial at sea); or (c) placing the remains in a mausoleum or other permanent resting place; or (d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or (e) removal of the remains from the State (but not if the remains have been cremated or are taken from the State by sea and buried at sea in the course of the voyage); "doctor" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); "funeral director" means a person who carries on the business of arranging for the disposal of human remains; "human remains" includes the remains of a still-born child; "prohibited name" means a name that-- (a) is obscene or offensive; or (b) could not practicably be established by repute or usage-- (i) because it is too long; or (ii) because it consists of or includes symbols without phonetic significance; or (iii) for some other reason; or (c) is contrary to the public interest for some other reason; "registrable event" means a birth, change of name, death or marriage and includes the making or discharge of a surrogacy order; "registrable information" means information that must or may be included in the Register1; "Register"--See section 40; "registering authority" means an authority responsible under a corresponding law for the registration of births, deaths and marriages; "Registrar" means the Registrar of Births, Deaths and Marriages; "State" includes a Territory; "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 reliably established whether the period of gestation is more or less than 20 weeks, with a body mass of at least 400 grams at birth, that exhibits no sign of respiration or heartbeat, or other sign of life, after birth but does not include the product of a procedure for the termination of pregnancy; "surrogacy order" means an order under section 10HB of the Family Relationships Act 1975. Note-- 1 See section 40(2). BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 5 5--Registrar (1) The Registrar of Births, Deaths and Marriages is responsible, subject to the Minister's control and direction, for the administration of this Act. (2) The Registrar is to be a Public Service employee. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 6 6--Registrar's general functions The Registrar's general functions are to-- (a) establish and maintain the registers1 necessary for the purposes of this Act; and (b) administer the registration system established by this Act and ensure that it operates efficiently, effectively and economically; and (c) ensure that this Act is administered in the way best calculated to achieve its objects. Note-- 1 The registers are collectively referred to as the "Register"--See section 40. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 7 7--Registrar's staff (1) The Registrar's staff consists of-- (a) one or more Deputy Registrars of Births, Deaths and Marriages; and (b) the other staff necessary for the proper administration of this Act. (2) A Deputy Registrar has the powers and functions of the Registrar but is subject to direction by the Registrar. (3) The staff are to be Public Service employees. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 8 8--Delegation (1) The Registrar may delegate powers or functions under this or any other Act. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation under this section-- (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 9 9--The Registrar's seal The Registrar has a seal. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 10 10--Execution of documents (1) The Registrar may issue a certificate or other document under the Registrar's signature and seal, or a facsimile of the Registrar's signature and seal produced by stamp, machine imprint or some other method authorised by regulation. (2) If a document produced before a court or an administrative authority or official is apparently under-- (a) the Registrar's signature and seal; or (b) a facsimile of the Registrar's signature and seal produced by stamp, machine imprint, or some other method authorised by regulation, the court, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the Registrar's authority. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 11 11--Reciprocal administrative arrangements (1) The Minister may enter into an arrangement with the Minister responsible for the administration of a corresponding law providing for-- (a) the exercise by the Registrar of powers and functions of the registering authority under the corresponding law; and (b) the exercise by the registering authority under the corresponding law of powers and functions of the Registrar under this Act. (2) When an arrangement is in force under this section-- (a) the Registrar may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the powers and functions of the registering authority under the corresponding law; and (b) the registering authority under the corresponding law may exercise, to the extent authorised by the arrangement (but subject to the conditions of the arrangement), the powers and functions of the Registrar under this Act. (3) An arrangement under this section may-- (a) establish a data base in which information is recorded for the benefit of all the participants in the arrangement; and (b) provide for access to information contained in the data base; and (c) provide for payments by or to participants in the arrangement for services provided under the arrangement. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 12 12--Notification of births (1) When a child is born in the State, the responsible person must give written notice of the birth to the Registrar including the particulars required by regulation. Maximum penalty: $1 250. (2) The notice must be given-- (a) in the case of a child born alive--within 7 days after birth; (b) in the case of a still-birth--within 48 hours after birth. (3) When notice of a still-birth is given, the responsible person must also give a doctor's certificate in a form approved by the Registrar, certifying the cause of foetal death, to-- (a) the Registrar; and (b) the funeral director or other person who will be arranging for the disposal of the human remains. Maximum penalty: $1 250. (4) The certificate must be completed by 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. (5) 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 other cases--the doctor or midwife responsible for the professional care of the mother at the birth. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 13 13--Cases in which registration of birth is required or authorised (1) If a child is born in the State, the birth must be registered under this Act. (2) If a court (whether of this or any other State or the Commonwealth) directs the registration of a birth, the birth must be registered under this Act. (3) If a child is born in an aircraft during a flight or on a vessel during a voyage to a place of disembarkation in the State, the birth may be registered under this Act. (4) If a child is born outside the Commonwealth, but-- (a) the child is to become a resident of the State; or (b) in the case of a still-born child--a person responsible for having the birth of the child registered is or is to become a resident of the State, the birth may be registered under this Act. (5) However, the Registrar must not register a birth under subsections (3) or (4) if the birth is registered under a corresponding law. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 14 14--How to have the birth of a child registered A person has the birth of a child registered under this Act by lodging a statement (the "birth registration statement") in a form approved by the Registrar containing the information required by regulation. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 15 15--Responsibility to have birth registered (1) The parents of a child are jointly responsible for having the child's birth registered under this Act (and must both sign the birth registration statement) but the Registrar may accept a birth registration statement from one of the parents if satisfied that it is impossible, impracticable or inappropriate for the other parent to join or be required to join in the application whether because of his or her death, disappearance, ill-health or unavailability or the need to avoid unwarranted distress or for some other reason. (2) If a child is a foundling, the person who has custody of the child is responsible for having the child's birth registered. (3) The Registrar may accept a birth registration statement from a person who is not responsible for having the child's birth registered if satisfied that-- (a) the person lodging the statement has knowledge of the relevant facts; and (b) the child's parents are unable or unlikely to lodge a birth registration statement. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 16 16--Obligation to have birth registered (1) A person responsible for having the birth of a child registered must ensure that a birth registration statement is lodged with the Registrar within 60 days after the date of the birth. Maximum penalty: $1 250. (2) However, the Registrar must accept a birth registration statement even though it is lodged after the end of the 60 day period. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 17 17--Registration (1) The Registrar registers a birth by making an entry about the birth in the Register including the particulars required by regulation. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a birth on the basis of incomplete particulars. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 18 18--Alteration of details of parentage after registration of birth (1) The Registrar may include registrable information about a child's parents in the Register after registration of the child's birth if-- (a) the father and mother of the child make a joint application for the addition of the information; or (b) one parent of the child makes an application for the addition of the information and the other parent cannot join in the application because he or she is dead or cannot be found, or for some other reason. (2) The Registrar must include or correct registrable information about a child's parents in the Register after registration of the child's birth if a court (whether of this or any other State or the Commonwealth) directs the inclusion or correction of the information in the Register or the Registrar is advised of a finding by a court that a particular person is a parent of the child. (3) An application to the Registrar for the inclusion of registrable information in the Register-- (a) must be made in writing; and (b) must include the information required by the Registrar; and (c) must, if the Registrar requires verification of the information contained in the application, be accompanied by a statutory declaration verifying the information contained in the application and other evidence the Registrar may require. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 19 19--Application to Court The Court may, on application by an interested person or on its own initiative, order-- (a) the registration under this Act of a birth that has occurred in the State; or (b) the inclusion or correction of registrable information about a birth or a child's parents in the Register. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 20 20--Power to direct registration of birth etc If a court finds-- (a) that the birth of a person is not registered as required under this Act or a corresponding law; or (b) that the registrable information contained in an entry about a birth in the Register under this Act or a corresponding law is incomplete or incorrect, the court may direct registration of the birth, or the inclusion or correction of registrable information in the Register under this Act or the corresponding law (as the case may require). BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 21 21--Name of child (1) Subject to this section, the birth registration statement must state the name of the child. (2) The name is a matter of choice for the person or persons lodging the statement1, but the Registrar may assign a name to a child if-- (a) the name stated in the birth registration statement is a prohibited name; or (b) the birth registration statement is lodged by both parents of the child and they satisfy the Registrar that they are unable to agree on the child's name. (3) A birth registration statement relating to a still-born child need not state the name of the child. Note-- 1 For example, there is no requirement that the name be made up of both a surname and a given name or given names. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 22 22--Dispute about child's name (1) If there is a dispute between parents about a child's name, either parent may apply to the Court for a resolution of the dispute. (2) On an application under subsection (1), the Court may-- (a) resolve the dispute about the child's name as the Court considers appropriate; and (b) order the Registrar to register the child's name in a form specified in the order. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 22A 22A--Surrogacy orders (1) On receipt of a notice under section 10HD of the Family Relationships Act 1975 in relation to the making or discharge of a surrogacy order about a child whose birth is registered in this State, the particulars provided in the notice must be registered by the Registrar in relation to the registration of the child's birth and the child's name. (2) Without limiting subsection (1), the Registrar must, in relation to the Register, make such entries and alterations as are necessary to give effect to the operation of section 10HB(13) or 10HC(10) (as the case requires) of the Family Relationships Act 1975. (3) Subject to subsection (4), a certificate issued by the Registrar after the registration of the particulars provided in a notice under section 10HD of the Family Relationships Act 1975-- (a) must only disclose and certify up-to-date particulars contained in an entry; and (b) must not provide any information disclosing a change in a parent or parents of the relevant child, or a change in the name of the child (including by disclosing the name of, or information about, any birth parent who is no longer considered as a parent of the child). (4) A person-- (a) who is the subject of a surrogacy order and who has attained the age of 18 years; or (b) who is a party to the surrogacy agreement that gave rise to a surrogacy order, is entitled to a certificate certifying all relevant entries in the Register. (5) On the receipt of a notice under section 10HD of the Family Relationships Act 1975 in relation to the making or discharge of a surrogacy order about a child whose birth is registered in another State, the Registrar must send a copy of the notice to the relevant registering authority. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 23 23--Change of name by registration A person's name may be changed by registration of the change under this Part. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 24 24--Application to register change of adult's name An adult person-- (a) who is domiciled or ordinarily resident in the State; or (b) whose birth is registered in the State; may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the person's name. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 25 25--Application to register change of child's name (1) The parents of a child-- (a) who is domiciled or ordinarily resident in the State; or (b) whose birth is registered in the State; may apply to the Registrar, in a form approved by the Registrar, for registration of a change of the child's name. (2) An application for registration of a change of a child's name may be made by one parent if-- (a) the applicant is the sole parent named in the registration of the child's birth under this Act or any other law; or (b) there is no other surviving parent of the child; or (c) the Court approves the proposed change of name. (3) The Court may, on application by a child's parent, approve a proposed change of name for the child if satisfied that the change is in the child's best interests. (4) If the parents of a child are dead, cannot be found, or for some other reason cannot exercise their parental responsibilities to a child, the child's guardian may apply for registration of a change of the child's name. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 26 26--Child's consent to change of name A change of a child's name must not be registered unless-- (a) the child consents to the change of name; or (b) the child is unable to understand the meaning and implications of the change of name. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 27 27--Registration of change of name (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar's satisfaction-- (a) the identity and age of the person whose name is to be changed; and (b) that the change of name is not sought for a fraudulent or other improper purpose; and (c) if the person whose name is to be changed is a child--that the child consents to the change of name or is unable to understand the meaning and implications of the change of name. (2) If the Registrar is satisfied that the name of a person whose birth is registered in the State has been changed under another law or by order of a court, the change of name may be registered under this Act. (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 28 28--Entries to be made in the Register (1) The Registrar registers a change of name by making an entry about the change of name in the Register including the particulars required by regulation. (2) If the applicant for registration of the change of name asks the Registrar to arrange for noting the change of name in the particulars of the person's birth, and the person's birth is registered under this Act or a corresponding law, the Registrar must-- (a) if the birth is registered under this Act--note the change of name in the entry relating to the birth; or (b) if the birth is registered under a corresponding law--notify the relevant registering authority of the change of name. (3) If the change of name is noted in the Register under subsection (2), a birth certificate issued by the Registrar for the person must show the person's name as changed under this Part. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 29 29--Change of name may still be established by repute or usage This Part does not prevent a change of name by repute or usage. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 29A 29A--Saving provision--surrogacy arrangements This Part does not limit the operation of Division 6 of Part 3. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 30 30--Cases in which registration of marriage is required If a marriage is solemnised in the State, the marriage must be registered under this Act. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 31 31--How to have marriage registered A person may have a marriage registered by lodging with the Registrar a certificate of the marriage under the Marriage Act 1961 of the Commonwealth or, if the marriage was solemnised before the commencement of that Act, the evidence of the marriage required by the Registrar1. Note-- 1 Under section 50(4) of the Marriage Act 1961 of the Commonwealth the authorised celebrant is responsible for lodging the certificate of marriage with the Registrar. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 32 32--Registration of marriage A marriage may be registered by-- (a) including the marriage certificate as part of the Register; or (b) including particulars of the marriage in the Register. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 33 33--Deaths to be registered under this Act (1) If a person dies in the State, the death must be registered under this Act. (2) If a court or coroner (whether of this or any other State or the Commonwealth) directs the registration of a death, the death must be registered under this Act. (3) If a person dies in an aircraft during a flight or on a vessel during a voyage to a place of disembarkation in the State, the death may be registered under this Act. (4) If a person who is domiciled or ordinarily resident in the State dies outside the Commonwealth, or a person dies outside the Commonwealth leaving property in the State, the death may be registered under this Act. (5) However, the Registrar is not obliged to register a death under subsection (3) or (4) if the death is registered under a corresponding law. (6) If a child is still-born, the child's death1 is not to be registered under this Part. Note-- 1 ie the foetal death. A "child" is defined to include a still-born child. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 34 34--Application to Court The Court may, on application by an interested person or on its own initiative, order-- (a) the registration under this Act of a death that has occurred in the State; or (b) the inclusion or correction of registrable information about a death in the Register. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 35 35--Power to direct registration of death etc If a court or coroner finds-- (a) that the death of a person is not registered as required under this Act or a corresponding law; or (b) that the registrable information contained in an entry about a death in the Register under this Act or a corresponding law is incomplete or incorrect, the court or coroner may direct registration of the death or the inclusion or correction of registrable information in the Register under this Act or the corresponding law (as the case may require). BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 36 36--Notification of deaths by doctors (1) A doctor who was responsible for a person's medical care immediately before death, or who examines the body of a deceased person after death, must, within 48 hours after the death, give written notice of the death to the Registrar, including the particulars required by regulation. Maximum penalty: $1 250. (2) However, a doctor-- (a) need not give a notice under this section if another doctor has given the required notice; and (b) must not give a notice under this section if the State Coroner or a police officer is required to be notified of the death under the Coroners Act 2003. Maximum penalty: $1 250. (3) When notice of a death is given, the doctor must also give a certificate in a form approved by the Registrar, certifying the cause of death, to-- (a) the Registrar; and (b) the funeral director or other person who will be arranging for the disposal of the human remains. Maximum penalty: $1 250. (4) If a child is still-born, the child's death is not to be notified under this section1. Note-- 1 In the case of a still-birth notice must be given to the Registrar under section 12. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 37 37--Notification by coroner (1) If the State Coroner is notified of a death under the Coroners Act 2003 or is inquiring into the cause of a death, the State Coroner must, as soon as practicable, notify the Registrar of that fact. (2) If the State Coroner authorises the disposal of human remains, or makes a finding about the cause of a death, the State Coroner must give a copy of the disposal authorisation or the finding to the Registrar. (3) The Registrar may register a death even though the death is subject to an inquest or other coronial inquiry and a finding has not been made about the cause of death. (4) A certificate by the Registrar, certifying particulars contained in an entry about a death in the Register, issued before an inquest or other coronial inquiry into the cause of death is completed must be endorsed with the words: "Incomplete registration--Cause of death subject to coronial inquiry". BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 38 38--Notification by funeral director etc (1) A funeral director or other person who arranges for the disposal of human remains must within 7 days after disposal of the remains give the Registrar a written statement of-- (a) the name and last residential address of the deceased or, in the case of a still-born child, the name and residential address of the parents of the still-born child; and (b) if the death was reported to a coroner--a statement of that fact; and (c) the place and manner of disposal; and (d) the information required by regulation. Maximum penalty: $1 250. (2) If human remains (other than cremated remains) are removed from the State, the funeral director or other person who arranges for the removal of the remains from the State must, within 28 days after the remains are disposed of outside the State, give the Registrar a written statement of where and how the remains were disposed of, and the other information required by regulation. Maximum penalty: $1 250. (3) If human remains have not been disposed of within 30 days after the date of death, the funeral director or other person who has custody of the remains must give the Registrar a written statement of-- (a) the name and last residential address of the deceased or, in the case of a still-born child, the name and residential address of the parents of the still-born child; and (b) if the death was reported to a coroner--a statement of that fact; and (c) the information required by regulation. Maximum penalty: $1 250. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 39 39--Registration (1) The Registrar registers a death by making an entry about the death in the Register including the particulars required by regulation. (2) However, if the particulars available to the Registrar are incomplete the Registrar may register a death on the basis of incomplete particulars. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 40 40--The Register (1) The Registrar must maintain a register or registers1 of registrable events. (2) The Register-- (a) must contain the particulars of each registrable event required under this Act, or another law, to be included in the Register; and (b) may contain further information if its inclusion is authorised under the regulations. (3) The Register may be wholly or partly in the form of a computer data base, in documentary form, or in another form the Registrar considers appropriate. (4) The Registrar must maintain the indexes to the Register that are necessary to make the information contained in the Register reasonably accessible. Note-- 1 A reference in this Act to the "Register" extends to all the registers kept under this subsection. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 41 41--Registrar's powers of inquiry (1) The Registrar may conduct an inquiry to find out-- (a) whether a registrable event has happened; or (b) particulars of a registrable event; or (c) whether particulars of a particular registrable event have been correctly recorded in the Register. (2) The Registrar may, by notice given to a person who may be able to provide information relevant to an inquiry under this section, require the person to answer specified questions or to provide other information within a time and in a way specified in the notice. (3) A person who fails, without reasonable excuse, to comply with a notice under subsection (2) is guilty of an offence. Maximum penalty: $1 250. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 42 42--Registrar's power to correct Register (1) The Registrar may correct the Register-- (a) to reflect a finding made on inquiry under Division 2; or (b) to bring the particulars contained in an entry about a registrable event into conformity with the most reliable information available to the Registrar of the registrable event. (2) The Registrar corrects the Register by adding or cancelling an entry in the Register or by adding, altering or deleting particulars contained in an entry. (3) The Registrar's power to correct the Register under this section is in addition to any other power of the Registrar under this Act. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 43 43--Access to Register (1) The Registrar may, on conditions the Registrar considers appropriate-- (a) allow a person or organisation that has an adequate reason for wanting access to the Register, access to the Register; or (b) provide a person or organisation that has an adequate reason for wanting information from the Register, with information extracted from the Register. (2) In deciding whether an applicant has an adequate reason for wanting access to the Register, or information extracted from the Register, the Registrar must have regard to-- (a) the nature of the applicant's interest; and (b) the sensitivity of the information; and (c) the use to be made of the information; and (d) other relevant factors. (3) In deciding the conditions on which access to the Register, or information extracted from the Register, is to be given under this section, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 44 44--Search of Register (1) The Registrar may, on application, search the Register for an entry about a particular registrable event. (2) The applicant must state the reason for the applicant's interest in the subject-matter of the search. (3) The Registrar may reject the application if the applicant does not show an adequate reason for wanting the information to which the application relates. (4) In deciding whether an applicant has an adequate reason for wanting information, the Registrar must have regard to-- (a) the relationship (if any) between the applicant and the person to whom the information relates; and (b) the age of the entry; and (c) the contents of the entry; and (d) other relevant factors. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 45 45--Protection of privacy In providing information extracted from the Register, the Registrar must, as far as practicable, protect the persons to whom the entries in the Register relate from unjustified intrusion on their privacy. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 46 46--Issue of certificate (1) On completing a search of the Register, the Registrar may issue a certificate-- (a) certifying particulars contained in an entry; or (b) certifying that no entry was located in the Register about the relevant registrable event. (2) A certificate under subsection (1)(a) is admissible in legal proceedings as evidence of-- (a) the entry to which the certificate relates; and (b) the facts recorded in the entry. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 47 47--Access policies (1) The Registrar must maintain a written statement of the policies on which access to information contained in the Register is to be given or denied under this Division. (2) The Registrar must give a copy of the statement, on request, to any person. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 48 48--Fees (1) The regulations may prescribe fees, or a basis for calculating fees, for-- (a) access to the Register; or (b) a search of the Register; or (c) the issue of a certificate following a search of the Register; or (d) other services provided by the Registrar. (2) The regulations may allow for fees to be fixed by negotiation between the Registrar and the person who asks for the relevant services. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 49 49--Power to remit fees The Registrar may, in appropriate cases, remit the whole or part of a fee under this Act. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 49A 49A--Saving provision--surrogacy arrangements (1) Despite a preceding section of this Part, but subject to subsection (2), the Registrar must restrict access to the Register so as to keep confidential any information that would disclose the making or discharge of a surrogacy order. (2) Subsection (1) does not apply if the person seeking access to a relevant part of the Register is-- (a) a party to the surrogacy agreement that gave rise to the surrogacy order; or (b) the person who is the subject of the surrogacy order if he or she has attained the age of 18 years. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 50 50--Review (1) A person who is dissatisfied with a decision of the Registrar made in the performance or purported performance of functions under this Act may apply to the Court for a review of the decision. (2) On a review, the Court may-- (a) confirm, vary or reverse the Registrar's decision; and (b) make consequential and ancillary orders and directions. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 50A 50A--Documents to be provided before disposal of remains (1) A person must not dispose of human remains or cause human remains to be disposed of unless he or she has received-- (a) -- (i) in the case of a still-birth--a doctor's certificate as to the cause of foetal death given under section 12 or a corresponding previous enactment; (ii) in any other case--a doctor's certificate as to the cause of death given under section 36 or a corresponding previous enactment; or (b) an authorisation for the disposal of human remains issued under the Coroners Act 2003 or a corresponding previous enactment. Maximum penalty: $10 000 or imprisonment for 2 years. (2) Despite subsection (1), a person may dispose of human remains or cause human remains to be disposed of without the documents required under that subsection if the person has received an authorisation for disposal of human remains issued by the Registrar or the Minister. (3) The Registrar may not issue an authorisation under subsection (2) unless the deceased's death has been registered under this Act or a corresponding previous enactment and the Registrar is satisfied that-- (a) the particulars entered in the Register record that the deceased died from natural causes; or (b) the State Coroner does not require the human remains for the purposes of an inquest or for determining whether an inquest is necessary or desirable under the Coroners Act 2003. (4) An authorisation issued by the Minister under subsection (2) may be subject to such conditions as the Minister thinks fit. (5) This section does not apply in relation to the disposal of human remains by cremation1. Note-- 1 See section 6 of the Cremation Act 2000. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 51 51--False representation A person who makes a false or misleading representation in an application or document under this Act, knowing it to be false or misleading, is guilty of an offence. Maximum penalty: $1 250. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 52 52--Unauthorised access to or interference with Register A person must not, without the authority of the Registrar or other lawful authority-- (a) obtain access to the Register or information contained in the Register; or (b) make, alter or delete an entry in the Register; or (c) interfere with the Register in any other way. Maximum penalty: $10 000 or imprisonment for 2 years. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 53 53--Falsification of certificate etc (1) A person must not forge the Registrar's signature or seal. Maximum penalty: $10 000 or imprisonment for 2 years. (2) A person must not forge or falsify a certificate or other document under this Act. Maximum penalty: $10 000 or imprisonment for 2 years. (3) The Registrar may impound-- (a) a document which the Registrar has reason to believe bears a forged impression of the Registrar's signature or seal; or (b) a certificate or other document purporting to be a certificate or other document under this Act which the Registrar has reason to believe has been forged or falsified; or (c) a certificate under this Act about a registrable event if the entry in the Register about the event has been cancelled or corrected since the issue of the certificate. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 55 55--Regulations (1) The Governor may make regulations for the purposes of this Act. (2) Without limiting the generality of subsection (1), the regulations may-- (a) impose a penalty not exceeding a fine of $1 250 for contravention of a provision of the regulations; and (b) fix fees and provide for the payment, recovery, waiver or refund of fees. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SCHEDULE 1 Schedule 1--Transitional 1--Interpretation In this Schedule-- repealed Act means the Births, Deaths and Marriages Registration Act 1966. 3--The Register A Register maintained under the repealed Act forms part of the Register under this Act. 4--The Registrar and Deputy Registrars (1) The person holding office as the Principal Registrar of Births, Deaths and Marriages immediately before the commencement of this Act continues as the Registrar, subject to the provisions of this Act. (2) The person holding office as the Deputy Registrar immediately before the commencement of this Act continues as a deputy registrar, subject to the provisions of this Act. BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - NOTES Legislative history Notes * Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. * Earlier versions of this Act (historical versions) are listed at the end of the legislative history. * For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Births, Deaths and Marriages Registration Act 1996 repealed the following: Births, Deaths and Marriages Registration Act 1966 Legislation amended by principal Act The Births, Deaths and Marriages Registration Act 1996 amended the following: Coroners Act 1975 Cremation Act 1891 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1996 6 Births, Deaths and Marriages Registration Act 1996 4.4.1996 3.6.1996 (Gazette 23.5.1996 p2534) 2003 33 Coroners Act 2003 31.7.2003 Sch (cl 5)--1.7.2005 (Gazette 23.6.2005 p1899) 2006 10 Statutes Amendment (Disposal of Human Remains) Act 2006 29.6.2006 Pt 2 (ss 4 & 5)--24.7.2006 (Gazette 20.7.2006 p2335) 2009 64 Statutes Amendment (Surrogacy) Act 2009 26.11.2009 Pt 3 (ss 15--18)--26.11.2010: s 2 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 21 (ss 40--42)--1.2.2010 (Gazette 28.1.2010 p320) 2010 5 Health Practitioner Regulation National Law (South Australia) Act 2010 1.7.2010 Sch 1 (cl 3)--1.7.2010 (Gazette 1.7.2010 p3338) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 1.7.2005 s 4 doctor substituted by 5/2010 Sch 1 cl 3 1.7.2010 registrable event amended by 64/2009 s 15(1) 26.11.2010 surrogacy order inserted by 64/2009 s 15(2) 26.11.2010 Pt 2 s 5 s 5(1) s 5 redesignated as s 5(1) by 84/2009 s 40 1.2.2010 s 5(2) inserted by 84/2009 s 40 1.2.2010 s 7 s 7(3) inserted by 84/2009 s 41 1.2.2010 Pt 3 Pt 3 Div 6 inserted by 64/2009 s 16 26.11.2010 Pt 4 s 29A inserted by 64/2009 s 17 26.11.2010 Pt 6 s 36 s 36(2) amended by 33/2003 Sch (cl 2) 1.7.2005 s 37 s 37(1) substituted by 33/2003 Sch (cl 3(1)) 1.7.2005 s 37(2) amended by 33/2003 Sch (cl 3(2), (3)) 1.7.2005 Pt 7 s 49A inserted by 64/2009 s 18 26.11.2010 Pt 9 s 50A inserted by 33/2003 Sch (cl 4) 1.7.2005 s 50A(1) amended by 10/2006 s 4(1)--(3) 24.7.2006 s 50A(2)--(4) inserted by 10/2006 s 4(4) 24.7.2006 s 50A(5) s 50A(2) redesignated as s 50A(5) by 10/2006 s 4(5) 24.7.2006 s 54 deleted by 84/2009 s 42 1.2.2010 s 55 s 55(2) substituted by 10/2006 s 5 24.7.2006 Sch 1 cl 2 omitted under Legislation Revision and Publication Act 2002 1.7.2005 Schs 2 and 3 omitted under Legislation Revision and Publication Act 2002 1.7.2005 Historical versions 1.7.2005 24.7.2006 1.2.2010 1.7.2010