1Short title
This Act may be cited as the Births, Deaths and Marriages
Registration Act 1996.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Births, Deaths and Marriages
Registration Act 1996.
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
The objects of this Act are to provide for:
(a) the registration of births, deaths and marriages in the Northern Territory of Australia; and
the registration of changes of name and sex or gender; 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 Territory; and
the issue of certified information from the registers; and
the collection and dissemination of statistical information.
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 (Cth).
birth includes still-birth.
change of name includes an addition, omission or substitution.
child includes a still-born child.
corresponding law means a law of a State that provides for the registration of births, deaths and marriages.
Court means the Supreme Court.
death does not include a still-birth.
Deputy Registrar means a Deputy Registrar of Births, Deaths and Marriages appointed under section 7.
disposal of human remains means any of the following:
cremation of the remains;
burial of the remains (including burial at sea);
(c) placing the remains in a mausoleum or other permanent resting place;
(d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research;
(e) removal of the remains from the Territory (but not if the remains have been cremated or are taken from the Territory by sea and buried at sea in the course of the voyage);
(f) any other process for the disposal of human remains under the Burial and Cremation Act 2022.
doctor means a medical practitioner.
funeral director means a person who carries on the business of arranging for the disposal of human remains.
prohibited name means a name that:
is obscene or offensive; or
could not practicably be established by repute or usage:
because it is too long; or
(ii) because it consists of or includes symbols without phonetic significance; or
for some other reason; or
includes or resembles an official title or rank; or
is contrary to the public interest for some other reason.
registrable event means:
a birth, death or marriage; or
a change of parentage under the Surrogacy Act 2022; or
a change of name, sex or gender.
registrable information means information that may be included in the Register.
Register means the Register maintained under section 38.
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 appointed under section 5.
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 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.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4A
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
The Minister must appoint a person to be the Registrar of
Births, Deaths and Marriages.
The Registrar is responsible, subject to the Minister's control and direction, for the administration of this Act.
The Registrar's general functions are to:
establish and maintain the registers necessary 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.
The Minister may appoint such persons as he or she thinks fit to be Deputy Registrars of Births, Deaths and Marriages.
A Deputy Registrar has the powers and functions of the Registrar but is subject to direction by the Registrar.
The Registrar may, in writing, delegate to a person, including the person from time to time holding, acting in or performing the duties of an office, designation or position, any of his or her powers and functions under this Act, other than this power of delegation.
The Registrar has a seal.
The Registrar or a Deputy Registrar may issue a certificate or other document under his or her signature and the seal, or a facsimile of his or her signature and the seal produced by stamp, machine imprint or some other method authorised by the Regulations.
If a document produced before a court or an administrative authority or official is apparently under:
the signature of the Registrar or a Deputy Registrar and the seal; or
a facsimile of the signature of the Registrar or a Deputy
Registrar and the seal produced by stamp, machine imprint, or some other method authorised by the Regulations;
the court, authority or official must presume, in the absence of evidence to the contrary, that the document was properly issued under the authority of the Registrar or the Deputy Registrar.
(1) Subject to subsection (4), 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.
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.
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
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.
(4) The Minister must not enter into an arrangement under this section unless he or she is satisfied that the security arrangements and the access policies in place under the corresponding law are at least equal to those in place in the Territory.
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