New South Wales Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 36

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 court 1 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 death 2 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.