New South Wales Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1995 - SECT 4

4 Definitions

(1) In this Act--

"adult" means a person who is 18 or above or, although under 18, is or has been married.

"birth" includes a stillbirth.

"birth certificate" means a certificate issued under section 49 as to the particulars contained in an entry in the Register in relation to a person's birth.

"birth registration statement" see section 14.

"change" of name includes an addition, omission or substitution.

"child" includes a stillborn child.

"corresponding law" means a law of another State that provides for the registration of births, deaths and marriages.

"death" does not include a stillbirth.

"disposal" of human remains means--

(a) cremation of the remains, or

(b) burial of the remains (including burial at sea), or

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

(d) placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research, or

(e) 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).

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"funeral director" means a person who carries on the business of arranging for the disposal of human remains.

"prohibited name" means a name that--

(a) is obscene or offensive, or

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

(i) because it is too long, or

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

(iii) for some other reason, or

(c) includes or resembles an official title or rank, or

(d) is contrary to the public interest for some other reason.

"registrable event" means a birth, adoption or discharge of adoption, change of name, change of sex, death or marriage.

"registrable information" means information that must or may be included in the Register 1.

"Register" see section 43.

"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 holding office as such under Part 2 of the Public Sector Management Act 1988 .

"State" includes a Territory.

"stillbirth" means the birth of a stillborn child.

"stillborn child" means a child that exhibits no sign of respiration or heartbeat, or other sign of life, after birth and that--

(a) is of at least 20 weeks' gestation, or

(b) if it cannot be reliably established whether the period of gestation is more or less than 20 weeks, has a body mass of at least 400 grams at birth.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes in the text of this Act do not form part of this Act.

Note : 1 See section 43 (2)