Births, Deaths and Marriages Registration Act 1995
36Deaths to be registered under this Act
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36 Deaths to be registered under this Act
36 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 court1 orders the registration of a death, the death must be registered under this Act.
(3) If a person dies—
(a) in an aircraft during a flight to an airport in the State, or
(b) on a ship during a voyage to a port 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 stillborn, the child’s death2 is not to be registered under this Part.
(7) This section is subject to section 38.
Notes.
1 The power to order registration of death may be exercised by courts of this State and also by courts of other States and the Commonwealth (see section 37).
2 ie the foetal death. A stillbirth is registered as a birth but not as a death.