Western Australian Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1998 - SECT 4

4 .         Terms used

                In this Act, unless the contrary intention appears — 

        adult means a person who — 

            (a)         is 18 years of age or more; or

            (b)         although under 18 years of age, is or has been married;

        approved means approved by the Registrar;

        birth means the expulsion or extraction of a child from its mother;

        birth registration statement means the statement referred to in section 14;

        change , in relation to a 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;

        death includes still-birth;

        disposal , in relation to human remains, means — 

            (a)         cremation of the remains;

            (b)         burial of the remains (including burial at sea);

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

            (d)         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 (Western Australia) in the medical profession;

        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;

        neonatal death means the death of a live-born child within 28 days after the birth;

        prohibited name means a name that, in the opinion of the Registrar — 

            (a)         is obscene or offensive;

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

                  (i)         because it is too long;

                  (ii)         because it consists of or includes symbols without phonetic significance; or

                  (iii)         for some other reason;

            (c)         is contrary to the public interest for some other reason;

        Register means the Register referred to in section 49(1);

        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 an adoption or discharge of an adoption or the making or discharge of a parentage order as defined in the Surrogacy Act 2008 section 14;

        registrable information means the particulars and the further information referred to in section 49(2) that must or may be included in the Register;

        Registrar means the Registrar of Births, Deaths and Marriages referred to in section 5;

        State includes a Territory;

        State court means the Supreme Court, the District Court, the Family Court (including a court of summary jurisdiction having jurisdiction that may be exercised by the Family Court) or the Children’s Court;

        still-birth means the birth of a still-born child;

        still-born child means a child — 

            (a)         of at least 20 weeks’ gestation; or

            (b)         if it cannot be reliably established whether the child’s 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, immediately after birth.

        [Section 4 amended by No. 22 of 2008 Sch. 3 cl. 5; No. 47 of 2008 s. 49; No. 35 of 2010 s. 34.]