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This is a Bill, not an Act. For current law, see the Acts databases.
B15GK102.v31.docx 3/2/2016 4:23 PM
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Registration of Deaths Abroad
Amendment Bill 2016
No. , 2016
(Foreign Affairs and Trade)
A Bill for an Act to amend the Registration of
Deaths Abroad Act 1984, and for other purposes
No. , 2016
Registration of Deaths Abroad Amendment Bill 2016
i
B15GK102.v31.docx 3/2/2016 4:23 PM
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Registration of Deaths Abroad Act 1984
3
Part 2--Application and transitional provisions
11
No. , 2016
Registration of Deaths Abroad Amendment Bill 2016
1
A Bill for an Act to amend the Registration of
1
Deaths Abroad Act 1984, and for other purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Registration of Deaths Abroad
5
Amendment Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Registration of Deaths Abroad Amendment Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments Part 1
No. , 2016
Registration of Deaths Abroad Amendment Bill 2016
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Registration of Deaths Abroad Act 1984
3
1 Subsection 3(1) (definition of appoint)
4
Repeal the definition.
5
2 Subsection 3(1) (definition of registering officer)
6
Repeal the definition.
7
3 Subsection 3(1)
8
Insert:
9
relevant State or Territory seal has the meaning given by
10
section 3A.
11
State or Territory registrar means a person who holds an office or
12
position that has the function of keeping a register of deaths under
13
a law of a State or Territory.
14
4 After section 3
15
Insert:
16
3A Relevant State or Territory seal
17
For the purposes of this Act:
18
(a) if a person holds office as the Registrar, relevant State or
19
Territory seal, in relation to the person, means a seal used by
20
the person, under a law of a State or Territory relating to the
21
registration of deaths, in the person's capacity as a State or
22
Territory registrar; and
23
(b) if a person is acting as the Registrar, relevant State or
24
Territory seal, in relation to the acting Registrar, means a
25
seal used by the acting Registrar, under a law of a State or
26
Territory relating to the registration of deaths, in the acting
27
Registrar's capacity as a State or Territory registrar; and
28
Schedule 1 Amendments
Part 1 Amendments
4
Registration of Deaths Abroad Amendment Bill 2016
No. , 2016
(c) if a delegate of the Registrar is a State or Territory registrar,
1
relevant State or Territory seal, in relation to the delegate,
2
means a seal used by the delegate, under a law of a State or
3
Territory relating to the registration of deaths, in the
4
delegate's capacity as a State or Territory registrar; and
5
(d) if a delegate of the Registrar is an employee in the same State
6
or Territory office or body as the Registrar, relevant State or
7
Territory seal, in relation to the delegate, means a seal used
8
by the Registrar, under a law of a State or Territory relating
9
to the registration of deaths, in the Registrar's capacity as a
10
State or Territory registrar.
11
5 Section 4A
12
Repeal the section.
13
6 Sections 5 and 6
14
Repeal the sections, substitute:
15
5 Registrar of Deaths Abroad
16
(1) There is to be a Registrar of Deaths Abroad.
17
(2) The Registrar is to be appointed by the Minister by written
18
instrument.
19
Note:
For reappointment, see section 33AA of the Acts Interpretation Act
20
1901.
21
(3) The Minister must not appoint a person to be the Registrar unless:
22
(a) the person is a State or Territory registrar; and
23
(b) the State or Territory concerned, by written notice given to
24
the Minister, agrees to the appointment.
25
(4) A notice under paragraph (3)(b) may be given on behalf of a State
26
or Territory by a Minister of the State or Territory.
27
(5) The Minister may at any time terminate the appointment of a
28
person as the Registrar.
29
(6) Without limiting subsection (5), the Minister must terminate the
30
appointment of a person as the Registrar if the person ceases to be
31
a State or Territory registrar.
32
Amendments Schedule 1
Amendments Part 1
No. , 2016
Registration of Deaths Abroad Amendment Bill 2016
5
(7) The Registrar may resign his or her appointment by giving the
1
Minister a written resignation.
2
(8) The resignation takes effect on the day it is received by the
3
Minister or, if a later day is specified in the resignation, on that
4
later day.
5
6 Acting Registrar
6
(1) The Minister may, by written instrument, appoint a person to act as
7
the Registrar:
8
(a) during a vacancy in the office of Registrar (whether or not an
9
appointment has previously been made to the office); or
10
(b) during any period, or during all periods, when the Registrar:
11
(i) is absent from duty or from Australia; or
12
(ii) is, for any reason, unable to perform the duties of the
13
office.
14
Note:
For rules that apply to acting appointments, see sections 33AB and
15
33A of the Acts Interpretation Act 1901.
16
(2) The Minister must not appoint a person to act as the Registrar
17
unless:
18
(a) the person is a State or Territory registrar; and
19
(b) the State or Territory concerned, by written notice given to
20
the Minister, agrees to the appointment.
21
(3) A notice under paragraph (2)(b) may be given on behalf of a State
22
or Territory by a Minister of the State or Territory.
23
7 Subsection 7(1)
24
Omit "at a place in the Australian Capital Territory approved by the
25
Minister".
26
8 Paragraph 8(2)(b)
27
Repeal the paragraph, substitute:
28
(b) a death that may be registered under the law of a State or
29
Territory, unless the State or Territory registrar for that State
30
or Territory has notified the Registrar in writing that the State
31
or Territory registrar will not register the death; or
32
Schedule 1 Amendments
Part 1 Amendments
6
Registration of Deaths Abroad Amendment Bill 2016
No. , 2016
9 Section 9
1
Omit "a registering officer" (wherever occurring), substitute "the
2
Registrar".
3
10 Section 10
4
Omit "a registering officer" (wherever occurring), substitute "the
5
Registrar".
6
11 Paragraph 12(1)(a)
7
Omit "a registering officer", substitute "the Registrar".
8
12 Subsection 12(1)
9
Omit "the registering officer" (wherever occurring), substitute "the
10
Registrar".
11
13 Paragraph 12(2)(a)
12
Omit "a registering officer", substitute "the Registrar".
13
14 Subsection 12(2)
14
Omit "the registering officer" (wherever occurring), substitute "the
15
Registrar".
16
15 Subsection 12(3)
17
Omit "a registering officer", substitute "the Registrar".
18
16 Section 13 (heading)
19
Repeal the heading, substitute:
20
13 Registration of death on basis of knowledge of Registrar
21
17 Paragraph 13(a)
22
Omit "a registering officer", substitute "the Registrar".
23
18 Section 13
24
Omit "the registering officer" (wherever occurring), substitute "the
25
Registrar".
26
Amendments Schedule 1
Amendments Part 1
No. , 2016
Registration of Deaths Abroad Amendment Bill 2016
7
19 Subsection 14(1)
1
Omit "(1) A registering officer", substitute "The Registrar".
2
20 Subsection 14(2)
3
Repeal the subsection.
4
21 Subsection 15(1)
5
Omit "a registering officer", substitute "the Registrar".
6
22 Subsection 15(1)
7
Omit "or registering officer", substitute "or the Registrar".
8
23 Subsection 15(2)
9
Repeal the subsection, substitute:
10
(2) A Certificate of Death Abroad is taken not to have been completed
11
by the Registrar unless and until he or she has:
12
(a) signed the certificate; and
13
(b) sealed the certificate, or caused the certificate to be sealed,
14
with the relevant State or Territory seal.
15
24 Subsection 15(3)
16
Omit "the registering officer", substitute "the Registrar".
17
25 Subsection 15(4)
18
Omit "a registering officer", substitute "the Registrar".
19
26 Section 16
20
Repeal the section, substitute:
21
16 Entries in Register
22
If the Registrar completes a Certificate of Death Abroad under
23
section 15, the Registrar must enter, or cause to be entered, in the
24
Register such of the particulars contained in the certificate as are
25
required by the regulations to be entered.
26
27 Section 17
27
Repeal the section, substitute:
28
Schedule 1 Amendments
Part 1 Amendments
8
Registration of Deaths Abroad Amendment Bill 2016
No. , 2016
17 Signing and sealing documents
1
(1) If the Registrar causes (by stamp, machine imprint or some other
2
method authorised by the regulations) a facsimile of:
3
(a) the Registrar's signature; and
4
(b) the relevant State or Territory seal;
5
to appear on:
6
(c) a document (including a Certificate of Death Abroad and an
7
entry in the Register) under this Act; or
8
(d) a copy or extract made under this Act;
9
the Registrar is taken to have:
10
(e) signed the document, copy or extract; and
11
(f) sealed the document, copy or extract with the relevant State
12
or Territory seal.
13
(2) All courts, judges and persons acting judicially must:
14
(a) take judicial notice of the relevant State or Territory seal
15
appearing on:
16
(i) a document (including a Certificate of Death Abroad
17
and an entry in the Register) under this Act; or
18
(ii) a copy or extract made under this Act; and
19
(b) in the absence of proof to the contrary, presume the
20
document, copy or extract was duly sealed with the relevant
21
State or Territory seal.
22
28 After subsection 19(3)
23
Insert:
24
(3A) The Registrar must:
25
(a) sign; and
26
(b) seal, or cause to be sealed, with the relevant State or Territory
27
seal;
28
each certified copy or extract issued under subsection (3).
29
29 Subsection 21(8)
30
Omit "by a registering officer".
31
30 Subsection 22(2)
32
Repeal the subsection.
33
Amendments Schedule 1
Amendments Part 1
No. , 2016
Registration of Deaths Abroad Amendment Bill 2016
9
31 Subsection 23(1)
1
After "stamp", insert ", relevant State or Territory seal".
2
32 Subsection 23(1)
3
After "signed", insert ", or sealed".
4
33 Subsection 24(3)
5
Repeal the subsection, substitute:
6
(3) A person commits an offence if:
7
(a) the person is the Registrar; and
8
(b) the person completes a Certificate of Death Abroad; and
9
(c) the certificate contains information that is false or misleading
10
in a material particular.
11
(3A) The fault element for paragraph (3)(c) is knowledge.
12
34 Section 26
13
Repeal the section, substitute:
14
26 Delegation by Registrar
15
(1) The Registrar may, in writing, delegate all or any of the Registrar's
16
powers and functions under this Act to:
17
(a) an employee in the same State or Territory office or body as
18
the Registrar; or
19
(b) a State or Territory registrar.
20
Note:
Sections 34AA to 34A of the Acts Interpretation Act 1901 contain
21
provisions relating to delegations.
22
(2) The Registrar must not delegate any of the Registrar's powers and
23
functions to a State or Territory registrar unless the State or
24
Territory concerned, by written notice given to the Minister, agrees
25
to the delegation.
26
(3) A notice under subsection (2) may be given on behalf of a State or
27
Territory by a Minister of the State or Territory.
28
35 Paragraphs 27(1)(a) and (b)
29
Omit "a registering officer", substitute "the Registrar".
30
Schedule 1 Amendments
Part 1 Amendments
10
Registration of Deaths Abroad Amendment Bill 2016
No. , 2016
36 Paragraph 27(1)(f)
1
Omit "subsection 22(2)", substitute "subsection 22(1)".
2
37 Subsection 27(2)
3
Omit ", a delegate of the Registrar, or another registering officer",
4
substitute "or a delegate of the Registrar".
5
Amendments Schedule 1
Application and transitional provisions Part 2
No. , 2016
Registration of Deaths Abroad Amendment Bill 2016
11
Part 2--Application and transitional provisions
1
38 Principal Act
2
For the purposes of this Part, Principal Act means the Registration of
3
Deaths Abroad Act 1984 as in force before the commencement of this
4
item.
5
39 Validation of things purportedly done under the Principal
6
Act
7
Scope
8
(1)
This item applies to a thing purportedly done under the Principal Act
9
before the commencement of this item, to the extent that the thing
10
purportedly done would, apart from this item, be invalid because:
11
(a) a person was not appointed or validly appointed as the
12
Registrar under subsection 5(1) of the Principal Act; or
13
(b) a person was not appointed or validly appointed to act as the
14
Registrar under section 6 of the Principal Act; or
15
(c) paragraph 8(2)(b) of the Principal Act was not complied
16
with.
17
Validation
18
(2)
The thing purportedly done is as valid and effective, and is taken always
19
to have been as valid and effective, as it would have been:
20
(a) for paragraph (1)(a)--as if:
21
(i) the person had been validly appointed under
22
subsection 5(1) of the Principal Act; and
23
(ii) subsection 5(2) of the Principal Act had not been
24
enacted; or
25
(b) for paragraph (1)(b)--as if:
26
(i) the person had been validly appointed under section 6 of
27
the Principal Act; and
28
(ii) the words "who is engaged under the Public Service Act
29
1999" had not been included in section 6 of the
30
Principal Act; or
31
(c) for paragraph (1)(c)--as if paragraph 8(2)(b) of the Principal
32
Act had not been enacted.
33
Schedule 1 Amendments
Part 2 Application and transitional provisions
12
Registration of Deaths Abroad Amendment Bill 2016
No. , 2016
40 Pending applications for the registration of a death
1
If:
2
(a) before the commencement of this item, an application was
3
made under subsection 10(1) of the Principal Act for the
4
registration of a death; and
5
(b) the death was not registered under section 12 of the Principal
6
Act before the commencement of this item; and
7
(c) no decision to refuse to register the death under section 12 of
8
the Principal Act was made before the commencement of this
9
item;
10
the Registration of Deaths Abroad Act 1984 (as amended by this Act)
11
has effect as if:
12
(d) the application had been made to the Registrar (within the
13
meaning of the Registration of Deaths Abroad Act 1984 (as
14
amended by this Act)) for the registration of the death; and
15
(e) the application had been so made immediately after the
16
commencement of this item.
17
41 Notification that State or Territory registrar will not
18
register death
19
Paragraph 8(2)(b) of the Registration of Deaths Abroad Act 1984 (as
20
amended by this Act) applies in relation to a death, whether occurring
21
before, at or after the commencement of this item.
22
42 Judicial notice of the mark of a stamp etc.
23
Despite the repeal of subsection 17(5) of the Principal Act by this
24
Schedule, that subsection continues to apply, after the commencement
25
of this item, in relation to:
26
(a) a document that came into existence before the
27
commencement of this item; or
28
(b) a copy or extract that was made before the commencement of
29
this item;
30
as if that repeal had not happened.
31