Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 41

41 Registering events other than exempt matters in register

(1) The registrar must register a registrable event other than an exempt matter if—

(a) the registrable event is an event that must be registered under this Act; and

(b) the registrar receives—

(i) an application for registration of the event that contains all the information prescribed under a regulation for the event (the
"application information" ); and

(ii) the documents prescribed under a regulation; and

(iii) for the registration of a marriage—the certificate or evidence mentioned in section 25 (2) ; and

(c) the registrar reasonably believes the application information, and information in the prescribed documents, is correct.

(2) The registrar may require a person who is applying for registration to give the registrar—

(a) evidence to support the application; or

(b) information prescribed under a regulation; or

(c) documents prescribed under a regulation.

Example—

The registrar may require the person to provide a statutory declaration attesting to the particulars contained in the application.

(3) The registrar may register a registrable event even though—

(a) the application for registration does not contain all the application information; or

(b) the application was not accompanied by the prescribed information or documents; or

(c) for a death—the death is still being investigated by a coroner under the Coroners Act 1958 or the Coroners Act 2003 .

(4) The registrar registers an event by—

(a) for any type of registrable event—entering the application information that is necessary for the register, and any other information prescribed under a regulation, for the event in the register for that type of event; or

(b) for a marriage—incorporating the marriage certificate into the register.

(5) When registering an event, the registrar must not enter the following into the register—

(a) the word ‘illegitimate’ or words to that effect;

(b) the word ‘suicide’ or words to that effect.

(6) If a school of anatomy receives the body of a deceased person under the Transplantation and Anatomy Act 1979 , part 5 , the person in charge of the school of anatomy must give the registrar written notice that the body has been received for anatomical purposes.

(7) The registrar may enter the information contained in the notice in the register for the death.

(8) If the registrar receives a coroner’s notice in relation to the death of a person, the registrar may enter the information contained in the notice in the register for the death.

(9) If the registrar receives a notice or certificate under this or another Act, the registrar may enter the information contained in the notice or certificate in the relevant register.

(10) In this section—

"coroner’s notice" means an order or notice under the Coroners Act 2003 , section 97 .

"exempt matter" means—

(a) an adoption; or

(b) a change of parentage under a parentage order or discharge order; or

(c) a change of parentage under a cultural recognition order or the discharge of a cultural recognition order under the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 .