Births, Deaths and Marriages Registration Act 1995 No 62
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 court1 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, orthe death may be registered under this Act.(b) on a ship during a voyage to a port in the State,(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 death2 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.