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Births, Deaths and Marriages Registration Act


Published: 2002

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2002, No. 17
AN ACT to provide for:
(a) The establishment and maintenance of a
Register of Births, Deaths and Marriages
and the recording in the Register of
information in respect of births, deaths,
marriages, changes of name, and
adoptions, that take place in Samoa and in
certain other circumstances;




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(b) The issuing of certificates in respect of
information recorded in the Register; and
(c) Access to information recorded in the
Register. [22nd
August 2002]

BE IT ENACTED by the Legislative Assembly of Samoa
in Parliament assembled as follows:-

1. Short title and commencement-(1) This Act may
be cited as the Births, Deaths and Marriages Registration
Act 2002.
(2) This Act comes into force on a date or dates
appointed by the Minister by notice in the Savali. For the
purposes of this subsection, different provisions of this Act
may be brought into force on different dates.

2. Interpretation - In this Act, unless the context
otherwise requires, -
“adoption” means a change in the legal parents of a
child:
“adult” means a person who -
(a) Is 18 years of age or more; or
(b) Although under 18 years of age, is or has been
married:
“birth” includes still-birth:
“birth registration form” means a birth registration
form prescribed by the Regulations:
“change” in relation to a name, includes an addition,
deletion, or substitution:
“child” means a person who is not an adult, and
includes a still-born child:
“Court” means the District Court or, where necessary,
the Supreme Court:
“death” does not include a still-birth:
“death registration form” means a death registration
form prescribed by the Regulations:
“Deputy Registrar” means a Deputy Registrar
appointed under section 4:
“disposal of human remains” means all the following –
(a) Cremation of the remains;




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(b) 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 Samoa:
“doctor” means a registered medical practitioner
within the meaning of the Medical Practitioners
Act 1975:
“document” includes electronic information:
“event” means a birth, a death, a marriage, a change of
name, or an adoption:
“foundling” means any new born child found in Samoa
alive but abandoned:
“former Act or other law” includes the Births and
Deaths Registration Ordinance 1961 and the
Marriage Ordinance 1961, as the case may
require:
“health care facility” means any place at which
medical care or medical advice is regularly
provided by or under the supervision of a doctor:
“marriage” means a marriage solemnised under the
Marriage Ordinance 1961 or a former Ordinance
or Act:
“marriage officer” means a marriage officer licensed
as such under the Marriage Ordinance 1961:
“marriage registration form” means a marriage
registration form prescribed by the Regulations:
“medical attendant” means a doctor, midwife or a
traditional birth attendant:
“Minister” means the Minister of Justice or such other
Minister of the State who, under the authority of
any warrant or with the authority of the Prime
Minister, is for the time being responsible for the
administration of this Act:
“Minister of religion” means an ordained Minister of a
religious body:
“name” in respect of a child means one name
designated to be treated as the surname of the
child and one or more other names:




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“parent” in respect of a child includes a person who
has legally adopted the child whether such
adoption has occurred in Samoa or elsewhere:
“perinatal death” means –
(a) The death of a live-born child within 28 days
after the birth; or
(b) A still-birth:
“prescribed fee” means a fee prescribed by the
Regulations:
“prohibited name” means a name that in the
Registrar‟s opinion -
(a) May cause offence to a reasonable person; or
(b) Is unreasonably long; or
(c) Without adequate justification, is, includes, or
resembles a matai title or other official title
or rank:
“Register” means the Register of Births, Deaths and
Marriages created and maintained by the
Registrar in accordance with section 69:
“register”, -
(a) In relation to an event means the recording or
causing to be recorded in the Register by the
Registrar, a Deputy Registrar or a Senior
Registry Officer (in a manner authorised by
the Registrar) under this Act, a former Act, or
other law, of information in respect of the
event; and
(b) In relation to information, means the recording
in the Register of the information (in a
manner authorised by the Registrar) under
this Act, a former Act, or other law,
and “to register” and “registered” have corresponding
meanings:
“Registrar” means the Registrar of Births, Deaths and
Marriages appointed under section 3(1):
“Regulations” means any Regulations made under
section 94:





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“responsible person” means –
(a) In the case of a child born in a health care
facility or brought to a health care facility
within 24 hours after birth, the Director
General of Health, or, if the health care
facility is privately owned, the Chief
Executive or doctor in charge of the facility;
(b) In every other case –
(i) the medical attendant responsible for
the professional care of the mother at a birth
or, in the case of a still-born child, the
medical attendant who examined the body of
a still-born child after the birth; or if none;
(ii) every person in attendance at the
birth; and
(iii) the President of the Women‟s
Committee of a village or her appointee, or
Pulenuu, or Minister of religion, if that
person is satisfied that it is likely that no one
else has advised or is likely to advise the
Registrar of a birth in accordance with
section 10(1).
“Senior Registry Officer” means a Senior Registry
Officer appointed under section 4:
“still-birth” means the birth of a still-born child:
“still-born child” means -
(a) A child of at least 20 weeks gestation; or, if it
cannot be reliably be established whether the
period of gestation is more or less than 20
weeks;
(b) A child 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:
“unavailable” means dead, unknown, missing, of
unsound mind, or unable to act by virtue of a
medical condition.





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PART 1
ADMINISTRATION

The Registrar
3. Appointment of Registrar of Births, Deaths and
Marriages-(1) The Minister must from time to time
appoint a Registrar of Births, Deaths and Marriages who is
responsible for the general administration of this Act.
(2) The Registrar appointed under subsection (1) must
be an officer of the Public Service or a person working
under contract to the Government or the Public Service.

4. Appointment of the Deputy Registrars and Senior
Registry Officers-(1) The Registrar may appoint such
officers of the Public Service to be Deputy Registrars and
Senior Registry Officers as may be desirable for the
effective and efficient administration of this Act.
(2) Subject to the control of the Registrar, a Deputy
Registrar has and may exercise and perform the powers,
functions, and duties of the Registrar, save for matters
referred to in section 82.
(3) Subject to this Act, every Senior Registry Officer
must exercise and perform powers, functions, and duties
under this Act in accordance with the directions of the
Registrar.

5. Functions of the Registrar-(1) The functions of the
Registrar are –
(a) To establish and maintain the Register;
(b) To administer the registration system established
by this Act and ensure that it operates
efficiently, effectively, and economically;
(c) To ensure that this Act is administered in the best
way calculated to achieve its objects in a cost
effective manner.
(2) Where a vacancy occurs for any reason in the office
of Registrar, or in the absence of the Registrar, and for so
long as the vacancy or absence continues -
(a) The Deputy Registrar if there is only one; or




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(b) A Deputy Registrar, or a Senior Registry Officer,
so authorised at any time in writing by the
Minister or by the Registrar in every other
case,
has and may exercise and perform all the powers, functions,
and duties of the Registrar.
(3) The fact that a Deputy Registrar exercises or
performs any power, function, or duty of the Registrar is
conclusive evidence of the authority of the Deputy Registrar
to do so.
(4) No authority given under subsection (2)(b), and no
act done by a Deputy Registrar or a Senior Registry Officer
under any such authority, or done by a Deputy Registrar
under section 4(2) or by a Senior Registry Officer under
section 4(3), may in any proceedings be questioned on the
ground that the occasion for the giving of the authority had
not arisen or had ceased, or that the act was contrary to a
direction of the Registrar.

6. Delegation - The Registrar may in writing delegate
to any person appointed pursuant to section 4 any of the
powers of the Registrar under this Act, other than this power
of delegation.

Execution of documents
7. The Registrar’s seal - The Registrar must have a
seal.

8. Execution of documents-(1) The Registrar may
issue a certificate or other document under his or her
signature, seal, or both, or by a copy of his or her signature,
seal, or both produced by stamp, machine imprint, computer
system or by a method prescribed by this Act or by the
Regulations.
(2) All courts must take judicial notice of the signature
and seal of the Registrar affixed in accordance with
subsection (1) and, until the contrary is proved, must
presume that it was properly affixed.




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PART II
REGISTRATION OF BIRTHS

Births in Samoa must be registered
9. Births in Samoa must be registered-(1) Every birth
in Samoa not registered under a former Act or other law
must be registered in accordance with this Part.
(2) In accordance with section 2, birth includes a still-
birth.

Registrar must be advised of births
10. Responsible person required to advise Registrar
of birth-(1) The responsible person must advise the
Registrar of the birth of a child -
(a) Within 14 days from the date of the birth or, in
the case of the Director General of Health,
such date not later than 28 days from the date
of the birth as the Registrar in writing may
approve; and
(b) In a form and manner and subject to such
conditions as the Registrar in writing
requires.
(2) Advice of a birth under subsection (1) must include
the following:
(a) The gender of the child;
(b) The date and place of birth of the child;
(c) The complete names and the address of the
mother, and of the father if known;
(d) Such other information as prescribed by
Regulations.
(3) In the event of a still-birth, in addition to the advice
required by subsection (1), the responsible person must
obtain and provide to the Registrar a medical certificate in a
form and manner the Registrar in writing requires completed
and signed by the medical attendant –
(a) Responsible for the care of the mother at the
birth; or




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(b) Who examined the body of the still-born child,
certifying to the best of his or her knowledge and belief the
cause of the still-birth and such other information as the
Registrar in writing requires.

Registrar must be notified of births
11. Births in Samoa must be notified-(1) Every birth
in Samoa not registered under a former Act or other law
must be notified in accordance with this Part.
(2) A birth is notified under this Part when a person
required or authorised by this Part to notify the Registrar of
the birth -
(a) Completes and signs a birth registration form
and gives, sends, or posts it to the Registrar;
or
(b) Records and provides to the Registrar the
information required by a birth registration
form in a form and manner and subject to
such conditions as the Registrar in writing
approves.

12. Persons required to notify Registrar of birth-(1)
The father and the mother of a child whose birth must be
notified under this Part must notify the Registrar of the birth
within 3 months from the date of birth of the child.
(2) Where one parent notifies the Registrar of a birth in
accordance with subsection (1), the other parent is not
required to do so.
(3) Where a child is a foundling, whoever has care of
the child must notify the Registrar of the birth within 3
months from the date the child is found.
(4) Every person who –
(a) Has knowledge of some or all of the relevant
facts in respect of a birth which must be
notified under this Part; and
(b) Is aware that the parents of the child are
unwilling or unable or unlikely to notify the
Registrar of the birth; and




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(c) Is aware that no one else is likely to notify the
Registrar of the birth,
must notify the Registrar of the birth within three months
from the date of birth of the child, or, in the case of a
foundling, within three months from the date the child is
found.
(5) Where a person required by subsection (4) to notify
the Registrar of a birth does so, no one else is required to do
so.

13. Births outside Samoa may be notified in certain
circumstances-(1) Where a child is born -
(a) In an aircraft during a flight to a place of
disembarkation in Samoa; or
(b) On a vessel during a voyage to a place of
disembarkation in Samoa,
anyone may notify the Registrar of the birth.
(2) Every person notifying a birth under subsection (1)
must do so within 3 months from the date of birth of the
child.

14. Late notification must be accompanied by fee -
Where notification of a birth under this Part is made after
the date by which notification is required or, where there is
no such date, in the Registrar‟s opinion is unreasonably
delayed, notification of the birth must be accompanied by
the prescribed fee.

Registrar may require advice or notification of birth
15. Registrar may require person to advise or to
notify birth-(1) Where the Registrar is satisfied that a
person required by section 10 to advise the Registrar of a
birth has failed to do so, the Registrar in writing may require
the person to advise the Registrar of the birth by a date
specified by the Registrar.
(2) Where the Registrar is satisfied that a person
required by section 12 to notify a birth has failed to do so,
the Registrar in writing may require the person to notify the
birth by a date specified by the Registrar.




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(3) Every person required by the Registrar -
(a) Under subsection (1) to advise the Registrar of a
birth; or
(b) Under subsection (2) to notify a birth,
who without reasonable excuse fails to do so by the date
specified by the Registrar commits an offence and on
conviction is liable to a fine not exceeding 10 penalty units.

16. Registrar must obtain birth information-(1)
Where a person required by the Registrar under section
15(2) to notify a birth fails to do so by the date specified by
the Registrar, the Registrar must take all reasonable steps to
obtain the information required to notify the birth.
(2) Where the Registrar is satisfied that the information
obtained in accordance with subsection (1) is adequate for
the purpose, the Registrar must register the birth in
accordance with this Part.

Registration of births
17. Births notified must be registered-(1) Where the
Registrar is satisfied on being notified of a birth under this
Part that -
(a) The birth is a birth required or authorised to be
notified under this Part; and
(b) The information provided is complete and
correct,
subject to section 19 and section 20, the Registrar must
register the birth by recording the information in the
Register.
(2) Where the Registrar is satisfied on being notified of
a birth under this Part that information required to be
provided is not provided, the Registrar -
(a) Subject to section 19 and section 20, must
register the birth by recording the
information provided in the Register;
(b) Must require the person notifying the birth to
provide the missing information by a date
specified by the Registrar;




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(c) May take such other steps as in the Registrar‟s
opinion are reasonable and necessary to
obtain and record in the Register the missing
information.
(3) Where the Registrar is satisfied on being notified of
a birth under this Part that information provided is or may be
misleading or false, the Registrar must -
(a) Require the person providing the information to
clarify or correct the information or to
provide evidence that supports the clarity or
accuracy of the information by a date
specified by the Registrar;
(b) Register the birth in accordance with this Part
only when satisfied as to the clarity and
accuracy of the information.
(4) Every person required by the Registrar under
subsection (2) or under subsection (3) to do something who
without reasonable excuse fails to do so by the date
specified by the Registrar commits an offence and on
conviction is liable to a fine not exceeding 10 penalty units.

18. Registration of still-births - Every still-birth must
be registered so that the fact the birth is a still-birth is clearly
recorded in the Register.

19. Recording of information in respect of parents -
The Registrar must not record in the Register any
information identifying or likely to identify a person as a
parent of a child unless satisfied in respect of one of the
following -
(a) The person has signed the relevant birth
registration form and there is no reason to
suspect the person is not a parent of the child;
or
(b) The person has acknowledged in writing that
they are a parent of the child and there is no
reason to suspect the person is not a parent of
the child; or
(c) The person did not sign the birth registration
form because they are unavailable and the
person is a parent of the child; or




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(d) The person is aware of and has not disputed the
correctness of the information and the person
is a parent of the child; or
(e) The Court has ordered that the information be
recorded in the Register; or
(f) The Court has made a finding that the person is
a parent of the child.

Child’s name
20. No registration where no name or prohibited
name - Subject to section 22, if the Registrar is satisfied on
being notified of a birth under this Part that the information
provided does not include a name for the child or includes a
name for the child that is a prohibited name, the Registrar
must -
(a) Decline to register the birth;
(b) Require the person notifying the birth to advise
the Registrar in writing of a name for the
child that does not include a prohibited name
by a date specified by the Registrar;
(c) On being advised of a name for a child in
accordance with paragraph (b), record the
name in the notification of the birth of the
child and register the birth in accordance
with this Part.

21. Parents may apply to Court for name-(1) Where
the parents of a child are unable to agree on a name for the
child, either parent or both parents may apply to the Court
for an order giving the child a name.
(2) On hearing an application under subsection (1) the
Court must give the child a name and order that the name be
recorded in the notification of the birth of the child.
(3) On the making of an order under subsection (2), the
Registrar of the Court which made the order must provide a
sealed copy of the order to the Registrar.
(4) On receipt of notification of a birth that is in
accordance with an order made under subsection (2) or, after




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recording the name of the child in accordance with such an
order in the notification of the birth of the child already
held, the Registrar must register the birth in accordance with
this Part.

22. Registrar must give child name - Where the
Registrar is notified of a birth to which section 20 applies
and is satisfied that -
(a) The person required to provide a name for the
child in accordance with that section has
failed to do so by the date specified by the
Registrar; and
(b) Neither parent of the child has applied or intends
to apply to the Court under section 21,
the Registrar must give the child a name, record the name in
the relevant birth registration form, and register the birth in
accordance with this Part.


PART III
CHANGE OF NAME

Name changed by registration
23. Change of name by registration – Subject to
section 31, the name of a person is changed when details of
the change are recorded in the Register under this Part.

24. Change of name of adult-(1) Any adult -
(a) Who is domiciled or ordinarily resident in
Samoa; or
(b) Whose birth is registered in Samoa,
may apply to a Registrar, in the form and manner the
Registrar in writing approves, for registration of a change of
their name.
(2) For the purposes of this Part the Registrar may
required a statutory declaration from the applicant and such
other documents as the Registrar shall determine.




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25. Change of name of child-(1) The parents of a
child -
(a) Who is domiciled or ordinarily resident in
Samoa; or
(b) Whose birth is registered in Samoa,
may apply to the Registrar, in the form and manner the
Registrar in writing approves, for registration of a change of
the name of the child.
(2) An application under subsection (1) may be made
by one parent if -
(a) The applicant is the sole parent named in the
Register; and
(b) The Registrar is satisfied the other parent is
unavailable.
(3) Where the parents of a child are unavailable or for
some other reason cannot or are unwilling to exercise their
parental responsibilities to the child, the guardian or legal
custodian of the child may apply under this section for
registration of a change of the name of the child.

26. Consent of child to change of name - Where an
application under section 25 is in respect of a child over 16
years, the Registrar may register the change only if the
Registrar is satisfied that -
(a) The child consents to the change of name; or
(b) The child is unable by reason of mental illness
or intellectual or physical incapacity to
understand the meaning and implications of
the change of name and the change of name
is in the best interests of the child.

27. Application to be accompanied by fee - Every
application for a change of name under this Part must be
accompanied by the prescribed fee.

28. Registration of change of name–(1) Where, in
respect of an application for a change of name under this
Part, the Registrar is satisfied in respect of the following -




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(a) That the application is in accordance with this
Part;
(b) As to the identity and age of the person whose
name is to be changed;
(c) That the change of name is not sought for a
fraudulent or other improper purpose;
(d) That the proposed name is not and does not
contain a prohibited name;
(e) The requirements of section 26 have been met
where the application is in respect of a child
over 16 years,
the Registrar may register the change of name in a form and
manner approved by the Registrar.
(2) Nothing in this Part requires the Registrar to register
a change of name where the Registrar is not satisfied as to
the purpose and intention of an applicant.

29. Court may order change of name of child-(1) A
parent or guardian or legal custodian of a child may apply to
the Court for an order changing the name of the child.
(2) Subject to subsection (3), if the Court is satisfied
that -
(a) The change of name is in the best interests of the
child; and
(b) The proposed name is not and does not contain a
prohibited name,
the Court may order that the name of the child be changed.
(3) In the case of child over 16 years the Court must
take into account the views of the child before any order is
made under this section.
(4) On the making of an order under subsection (2), the
Registrar of the Court which made the order must provide a
sealed copy of the order to the Registrar who on receipt of
the order must register the change of name.

30. Change of name to be included with birth
information - Where the name of a person whose birth is
registered under this Act or a former Act is changed under
this Part, the Registrar must record the change of name in
the Register as part of the information in respect of the birth
of that person.




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31. Change of name by repute or usage - Nothing in
this Part prevents a change of name by repute or usage or
deed poll, or as otherwise provided by this Act or other law.


PART IV
REGISTRATION OF ADOPTIONS

Adoptions in Samoa must be registered
32. Adoptions in Samoa must be registered - Every
adoption in Samoa not registered under a former Act must
be registered in accordance with this Part.

33. Registration of Samoan adoptions-(1) On the
making of an adoption order under the Infants Ordinance
1961, the Registrar of the Court which made the order must
provide to the Registrar a sealed copy of the order together
with a notice which must include the following information,
so far as it is known to the Court -
(a) The full name of the child, if any, immediately
before the making of the order;
(b) The full name of the child after the making of
the order;
(c) The date and place of birth of the child;
(d) The gender of the child;
(e) The full names of the natural parents, or the last
preceding adopting parents of the child;
(f) The full names, occupation and address of the
adopting parent, or parents of the child;
(g) The name of the Judge by whom the adoption
order was made, and the date of the order;
(h) Such other information as the Registrar requires.
(2) On receiving a copy of an order and a notice under
subsection (1) in respect of a child whose birth has been
registered under this Act, the Registrar must record in the
Register as part of the information in respect of that birth the
information contained in the notice and must amend that
birth information by -




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(a) Recording the name conferred on the child by
the adoption order in substitution of the name
of the child immediately prior to adoption;
and
(b) Recording the full name and details of each
adopting parent in substitution of the name
and details of the natural or last adopting
parents.
(3) On receiving a copy of an order and a notice under
subsection (1) in respect of a child whose birth has not been
registered under this Act or a former Act or other law, the
Registrar must register the adoption as if it is notified of a
birth under section 11 subject to such modifications or
adaptations of the registration and Register as the Registrar
in writing approves.

34. Variation or discharge of adoption order-(1) On
the making of an order varying or discharging an adoption
order, the Registrar of the Court making the order must
provide a sealed copy of the order to the Registrar.
(2) On receipt of a copy of an order under subsection
(1), the Registrar must record in the Register, as part of the
information in respect of the birth of the child to whom the
order relates, particulars of the variation or discharge
including, where appropriate, -
(a) The name conferred on the child by the variation
or discharge in substitution of the name of
the child immediately prior to the variation or
discharge; and
(b) The full name and details of each parent whose
status as such arises from the variation or
discharge in substitution of the name and
details of the persons most recently recorded
as parents.
(3) On receiving a copy of an order under subsection
(1) in respect of a child whose birth has not been registered
under this Act or a former Act or other law, the Registrar
must register the order varying or discharging an adoption
order in accordance with the provisions of subsection (2),
subject to such modifications or adaptions of the registration
and Register as the Registrar in writing approves.




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35. Registration of overseas adoptions - Where the
Registrar is satisfied that –
(a) A person whose birth is registered under this Act
has been properly adopted in accordance with
laws of a state outside Samoa; and
(b) The particulars required for the purpose of this
Part have been provided, and are likely to be
correct,
the Registrar may direct that section 33 and section 34, with
any necessary modifications, apply to the adoption as if the
adoption has been effected by an adoption order made by
the Court.

36. Birth information of adoption-(1) Where a person
requests for any purpose information in the Register about
the birth of a child to whom this Part or a corresponding part
of a former Act or other law relates, subject to sections 75,
77, 79, 81 and 82, the Registrar must provide the
information only as most recently amended under section
33(2) or section 34(2) or the corresponding provisions of a
former Act or other law which for the purposes of this Act
shall be a true record of the entry in the Register in respect
of that birth.
(2) Where a person requests to inspect the information
in the Register about the birth of a child to whom this Part
or a corresponding part of a former Act or other law relates
in its original form or previously amended forms, subject to
sections 75 and 81, the Registrar may allow the person to
inspect that information only if the Registrar is satisfied
that-
(a) The information in that form is material to the
purpose for which inspection of the
information is required; and
(b) Allowing the information to be inspected in that
form will not constitute an unjustified
intrusion on the privacy of any person.
(3) For the purposes of subsection (2) the Registrar may
require the person making the request to provide to the
Registrar in writing or otherwise the purpose for which the
information is required and the reasons why it ought to be
inspected by that person.




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(4) The Registrar may require the written consent of a
child or a parent before providing information under this
section or section 37.

37. Registrar may provide adoption information to
registration authorities overseas - Where the Registrar is
satisfied that -
(a) An authority constituted in a state outside Samoa
has the function of recording information
relating to births within the state; and
(b) A person who has been adopted in Samoa was
born in the state,
the Registrar may supply to the authority information about
the adoption when requested by the authority to do so.


PART V
REGISTRATION OF DEATHS

Deaths in Samoa must be registered
38. Deaths in Samoa must be registered-(1) Every
death in Samoa not registered under a former Act or other
law must be registered in accordance with this Part.
(2) In accordance with section 2, death does not include
a still-birth.

Registrar must be notified of deaths
39. Deaths in Samoa must be notified–(1) Every death
in Samoa not registered under a former Act or other law
must be notified in accordance with this Part.
(2) A death is notified under this Part when a person
required or authorised by this Part to notify the Registrar of
the death -
(a) Completes and signs a death registration form
and gives, sends, or posts it to the Registrar;
or




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(b) Records and provides to the Registrar the
information required by a death registration
form in a form and manner and subject to
such conditions as the Registrar in writing
approves.

40. Minister of religion must notify death - Every
Minister of religion who conducts a funeral service in
respect of a person whose death occurred in Samoa must
notify the Registrar of the death within 14 days from the
date of the funeral service.

41. Notification of death where no funeral service-
(1) Every person who arranges for the disposal of the
human remains of a person whose death occurred in Samoa
who is satisfied that the human remains of the person have
been disposed of without a funeral service must notify the
Registrar of the death within 14 days from the date of
disposal of the human remains.
(2) Every person who -
(a) Is present at a death in Samoa; or
(b) Is the President of the Women‟s Committee of a
village in which a death occurs; or
(c) Is a Pulenuu of a village in which a death occurs;
or
(d) Is the occupier of a place in Samoa where a death
occurs,
who is satisfied that the human remains of the person have
been disposed of without a funeral service and that it is
likely that no one else has advised or is likely to advise the
Registrar of the death, must notify the Registrar of the death
within 14 days from the date of disposal of the human
remains.
(3) Where a person required by subsection (2) to notify
the Registrar of a death does so, no one else is required to do
so.

42. Registrar may require person to notify death-(1)
Where the Registrar is satisfied that a Minister of religion
required by section 40 to notify a death has failed to do so,




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the Registrar in writing may require the Minister of religion
to notify the death by a date specified by the Registrar.
(2) Where the Registrar is satisfied that a person
required by section 41 to notify the Registrar of a death has
failed to do so, the Registrar in writing may require the
person to notify the Registrar of the death by a date
specified by the Registrar.
(3) Every person required by the Registrar under
subsection (1) or subsection (2) to notify the Registrar of a
death who without reasonable excuse fails to do so by the
date specified by the Registrar commits an offence and on
conviction is liable to a fine not exceeding 10 penalty units.

Form of recording and notifying deaths
43. Form of recording and notifying deaths-(1) For
the purpose of recording and notifying deaths under this
Part, every Minister of religion who conducts any funeral
service must -
(a) Keep a book, supplied for the purpose by the
Registrar, called “The Death Register Book”
comprising death registration forms in
duplicate; or
(b) Maintain such other form of recording and
manner of notifying deaths as the Registrar in
writing approves.
(2) Where a death is recorded and notified in
accordance with this Part, the Minister of religion notifying
the death must -
(a) Retain in the death register book a copy of; or
(b) Preserve or duplicate in a manner and form the
Registrar in writing approves,
the information provided to the Registrar.

44. Death information must be kept secure-(1) Every
person having lawful custody of a death register book or
information otherwise preserved or duplicated under this
Part must -




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(a) Take reasonable precautions to ensure the book
and the information are kept secure and
maintained in good condition; and
(b) Immediately provide the book or the information
to the Registrar when the Registrar in writing
so requires.
(2) Anyone who without reasonable excuse fails to
comply with section 43 or this section commits an offence
and on conviction is liable to a fine not exceeding 10
penalty units.

45. Offence to alter death information-(1) Every
person who without the written authority of the Registrar
alters an entry in a death register book or alters information
otherwise preserved or duplicated under this Part commits
an offence and on conviction is liable to a fine not
exceeding 10 penalty units.
(2) Every person having lawful custody of a death
register book or information otherwise preserved or
duplicated under this Part who permits anyone to unlawfully
alter an entry in the book or to unlawfully alter the
information commits an offence and on conviction is liable
to a fine not exceeding 10 penalty units.

46. Deaths outside Samoa may be notified in certain
circumstances-(1) Where a death occurs in any of the
following circumstances -
(a) In an aircraft during a flight to a place of
disembarkation in Samoa;
(b) On a vessel during a voyage to a place of
disembarkation in Samoa;
(c) Outside Samoa of a person born in Samoa;
(d) Outside Samoa of a person who is domiciled in
or ordinarily resident in Samoa;
(e) Outside Samoa of a person leaving property in
Samoa, -
any person may notify the Registrar of the death.
(2) Every person notifying a death under subsection
(1)(a) or subsection (1)(b) must do so within 14 days from
the date of death, if known, or if not known, within 14 days
from the date the death is discovered.




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(3) Every person notifying a death under subsection
(1)(c), subsection (1)(d) or subsection (1)(e) must do so as
soon as practicable.

Cause of death to be determined
47. Registrar must be advised of cause of death-(1)
Where there is a death in Samoa and -
(a) The death occurred in a health care facility; or
(b) The human remains are brought to a health care
facility; or
(c) A doctor working in or employed by a health care
facility -
(i) attended the death; or
(ii) recently attended the deceased before
death; or
(iii) examined the human remains,
the Director General of Health, or, if the health care facility
is privately owned, the Chief Executive or doctor in charge
of the health care facility, subject to section 48, must
provide the Registrar with a medical certificate certifying
the cause of death in a form and manner as the Registrar in
writing requires.
(2) Every person required by subsection (1) to provide
a medical certificate to the Registrar must do so -
(a) Within 28 days from the date of death if known;
or if the date of death is not known
(b) Within 28 days from the date of discovery of the
death.
(3) Where the Registrar is notified of a death to which
subsection (1) does not apply, the Registrar must provide the
information contained in the notification to -
(a) A doctor instructed by the Director General of
Health to practice in the place where the
death occurred; or if none
(b) The doctor practicing in the place nearest to the
place of death,
and in writing require the doctor to provide to the Registrar,
by a date specified by the Registrar, a medical certificate
certifying the cause of the death in a form and manner the
Registrar approves.




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(4) Every doctor required to provide medical certificate
under subsection (1) or subsection (6) must make such
inquiries as in the opinion of the Director-General of Health
or the Chief Executive or doctor in charge of a health care
facility (as the case may be), are reasonable and necessary in
the circumstances to determine the cause of death.
(5) Every doctor required to provide a medical
certificate under subsection (3) must -
(a) Carefully question every person who was present
at the death and who recently was with the
deceased before death; and
(b) Make such other inquires as in the opinion of the
doctor are reasonable in the circumstances to
determine the cause of the death.
(6) The Director-General of Health or the Chief
Executive or Doctor in charge of a health care facility (as
the case may be) may require any doctor in their employ or
under contract to the health care facility to complete a
medical certificate in accordance with subsection (2).

48. Death must be reported to Coroner in certain
circumstances-(1) Every person required by section 47 to
provide a medical certificate who -
(a) Forms the opinion that in all the circumstances
the cause of death requires further
investigation; or
(b) Has reasonable cause to suspect that the death
was -
(i) the result of violence or otherwise
was unnatural; or
(ii) sudden and of unknown cause,
subject to subsection (2), immediately must report the death
to the Coroner setting out the circumstances of the death and
the reasons why they are of that opinion or have that
suspicion, and provide to the Registrar a copy of the report.
(2) Where a death has been reported to the Coroner, a
person required by section 47 to provide the Registrar with a
medical certificate must do so only if the Coroner
determines not to hold an inquest into the death.




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(3) Before providing a medical certificate in
accordance with subsection (2) a person must determine the
result of a post mortem examination, if any, carried out or
ordered by the Coroner to be carried out in respect of the
death.

49. Registrar may require person to act-(1) Where
the Registrar is satisfied that a person has failed to do
something they are required to do by this Part, the Registrar
in writing may require the person to do it by a date specified
by the Registrar.
(2) Every person required by the Registrar under
subsection (1) to do something who without reasonable
excuse fails to do so by the date specified by the Registrar
commits an offence and on conviction is liable to a fine not
exceeding 10 penalty units.

50. Registrar must obtain death information-(1)
Where a person required by the Registrar -
(a) Under section 42(1) to notify a death; or
(b) Under section 49 to provide a medical certificate
certifying the cause of death,
fails to do so by the date specified by the Registrar, the
Registrar must take all reasonable steps to obtain the
information required to notify the death or to establish the
cause of the death.
(2) Where the Registrar is satisfied that the
information obtained in accordance with subsection (1) is
adequate for the purpose, the Registrar must -
(a) Register the death in accordance with this Part
and, as the case may require;
(b) Record the cause of death in the Register as part
of the information in respect of a death
already registered.

Registrar must register deaths
51. Deaths must be registered-(1) Where the Registrar
is satisfied on being notified of a death under this Part that -




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(a) The death is a death required or authorised to be
registered under this Part, and
(b) The information provided is complete and
correct, the Registrar must register the death
by recording the information in the Register.
(2) If the Registrar is satisfied on being notified of a
death under this Part that information required to be
provided is not provided, the Registrar -
(a) Must register the death by recording in the
Register the information contained in the
notification; and
(b) Must require the person notifying the death to
provide the missing information by a date
specified by the Registrar; and
(c) May take such other steps as in the Registrar‟s
opinion are reasonable and necessary to
obtain and record in the Register the missing
information.
(3) If the Registrar is satisfied on being notified of a
death under this Part that information provided is or may be
misleading or false, the Registrar must -
(a) Require the person providing the information to
clarify or correct the information or to
provide evidence that supports the clarity or
accuracy of the information by a date
specified by the Registrar; and
(b) Register the death in accordance with subsection
(1) only when satisfied as to the clarity and
accuracy of the information.
(4) Every person required in writing by the Registrar
under subsection (2)(b) or under subsection (3)(b) to do
something who without reasonable excuse fails to do so by
the date specified by the Registrar commits an offence and
on conviction is liable to a fine not exceeding 10 penalty
units.

Cause of death must be recorded in Register
52. Cause of death must be recorded in Register-(1)
On receipt of -




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(a) A medical certificate in respect of a death under
this Part; or
(b) A certificate in respect of a death under section
21(2) of the Coroner‟s Ordinance 1959,
subject to subsection (3), the Registrar must record the cause
of death certified by the certificate in the Register as part of
the information in respect of the death.
(2) Where in respect of a death registered under section
51 the cause of death is not determined, the Registrar must
record that fact in the Register as part of the information in
respect of the death.
(3) Where the Registrar is satisfied that a medical
certificate provided under this Part is incomplete or is or
may be misleading or false, the Registrar may -
(a) Require the person providing the certificate to
complete, clarify, or correct the certificate or
to provide evidence that supports the
completeness, clarity, or accuracy of the
certificate by a date specified by the
Registrar; and
(b) Record the cause of death in the Register in
accordance with subsection (1) only when
satisfied as to the completeness and accuracy
of the certificate.
(4) Every person required in writing by the Registrar
under subsection (3) to do something who without
reasonable excuse fails to do so by the date specified by the
Registrar commits an offence and on conviction is liable to
a fine not exceeding 10 penalty units.

Perinatal Death
53. Registrar may forward medical certificates -
The Registrar must provide a copy of a medical certificate
under the control of the Registrar relating to a perinatal
death when requested to do so by a government department.





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Disposal of human remains of still-born child
54. Disposal of human remains of still-born child -
No person may dispose of or allow the disposal of the
remains of a deceased child as if it were still-born without
prior receipt of -
(a) A written certificate that the child was not born
alive, signed by a doctor present at the birth
or who examined the body of the child; or if
none
(b) A written certificate that the child was not born
alive signed by a traditional birth attendant
present at the birth; or if none
(c) A statutory declaration, signed by a person
required by section 10(1) to notify the birth,
stating -
(i) that no doctor, midwife or traditional
birth attendant was present at the
birth; or if present,
(ii) that their certificate cannot be
obtained,
and that the child was not born alive; or
(d) An order for disposal of the human remains given
by the Coroner in respect of the child.

PART VI
REGISTRATION OF MARRIAGES

Marriages in Samoa must be registered
55. Marriages in Samoa must be registered - Every
marriage solemnised in Samoa not registered under a former
Act or other law must be registered in accordance with this
Part.

Registrar must be notified of marriages
56. Marriages in Samoa must be notified-(1) Every
marriage in Samoa not registered under a former Act or
other law must be notified in accordance with this Part.




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(2) Subject to subsection (3), a marriage is notified
under this Part when the marriage officer solemnising the
marriage -
(a) Completes and signs a marriage registration
form and gives, sends, or posts it to the
Registrar; or
(b) Records and provides to the Registrar the
information required by a marriage
registration form in a form and manner and
subject to such conditions as the Registrar in
writing approves.
(3) Every notification under subsection (2) must be
assented to by the parties to the marriage and 2 witnesses by
signature on the marriage registration form or in a form and
manner and subject to such conditions as the Registrar in
writing approves.

57. Marriage officer must notify marriage - Every
marriage officer who solemnises a marriage in Samoa must
notify the Registrar of the marriage within 14 days from the
date of the marriage.

58. Registrar may require person to notify
marriage-(1) Where the Registrar is satisfied that a
marriage officer required by section 57 to notify a marriage
has failed to do so, the Registrar may require the marriage
officer to notify the marriage by a date specified by the
Registrar.
(2) Every marriage officer required in writing by the
Registrar under subsection (1) to notify a marriage who
without reasonable excuse fails to do so by the date
specified by the Registrar commits an offence and on
conviction is liable to a fine not exceeding 10 penalty units.

59. Registrar must obtain marriage information-(1)
Where a marriage officer required by the Registrar under
section 58(1) to notify a marriage fails to do so by the date
specified by the Registrar, the Registrar must take all
reasonable steps to obtain the information required to notify
the marriage.




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(2) Where the Registrar is satisfied that the information
obtained in accordance with subsection (1) is adequate for
the purpose, the Registrar must register the marriage in
accordance with this Part.

Form of recording and notifying marriages
60. Form of recording and notifying marriages-(1)
For the purpose of recording and notifying marriages under
this Part, every marriage officer must -
(a) Keep a book, provided for the purpose by the
Registrar, called “The Marriage Register
Book” comprising marriage registration
forms in triplicate; or
(b) Maintain such other form of recording and
manner of notifying marriages as the
Registrar in writing approves.
(2) Where a marriage is recorded and notified in
accordance with this Part, the marriage officer notifying the
marriage must -
(a) Give to the parties to the marriage a copy of; and
(b) Retain in the marriage register book a copy of;
or
(c) Preserve or duplicate in a form and manner
approved in writing by the Registrar,
the information provided to the Registrar.
(3) Every marriage register book supplied to a
marriage officer in accordance with section 17 of the
Marriage Ordinance 1961 is deemed to be a marriage
register book provided in accordance with subsection (1).

61. Marriage information must be kept secure-(1)
Every person having lawful custody of a marriage register
book or information preserved or duplicated under this Part
must -
(a) Take reasonable precautions to ensure the book
and the information are kept secure and
maintained in good condition; and
(b) Immediately provide the book or the information
to the Registrar when the Registrar in writing
so requires.




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(2) Every person who without reasonable excuse fails
to comply with subsection (1) commits an offence and on
conviction is liable to a fine not exceeding 10 penalty units.

62. Offence to alter marriage information-(1) Every
person who without the written authority of the Registrar
alters an entry in a marriage register book or alters
information otherwise preserved or duplicated under this
Part commits an offence and on conviction is liable to a fine
not exceeding 10 penalty units.
(2) Every person having lawful custody of a marriage
register book or information otherwise preserved or
duplicated under this Part who permits anyone to unlawfully
alter an entry in the book or to unlawfully alter the
information commits an offence and on conviction is liable
to a fine not exceeding 10 penalty units.

Marriages notified must be registered
63. Marriages notified must be registered - On being
notified of a marriage under this Part the Registrar must
register the marriage by recording the information in the
Register.

64. End of marriage must be recorded in Register-
(1) On the making by the Court of -
(a) A decree absolute of dissolution of marriage; or
(b) A decree of presumption of death and of
dissolution of marriage; or
(c) A decree of nullity of marriage,
in respect of any marriage solemnised in Samoa, the
Registrar of the Court which made the decree must provide
to the Registrar a certificate in respect of the decree in the
form prescribed by the Regulations.
(2) On receipt of a certificate under subsection (1), the
Registrar must record in the Register as part of the
information in respect of the marriage the information
contained in the certificate.




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65. Marriages outside Samoa may be registered-(1)
Any representative of the Government of Samoa who has
attended the marriage of a Samoan citizen in a state other
than Samoa and who is satisfied that the marriage has been
solemnised in accordance with the laws of that other state
may complete and provide to the Registrar a certificate in
respect of the marriage in a form approved by the Registrar.
(2) If the Registrar is satisfied as to the authenticity of
a certificate received under subsection (1) the Registrar
must register the marriage by recording in the Register the
information contained in the certificate.

66. Record of marriages ended outside Samoa-(1) If
the Registrar is satisfied that a marriage registered under this
Act or a former Act or other law has ended as a result of
legal process outside Samoa, the Registrar must record in
the Register as part of the information in respect of the
marriage that fact and particulars in respect of the relevant
legal process.
(2) For the purposes of subsection (1), the Registrar
may require such information in respect of the ending of the
marriage and the relevant legal process as in all the
circumstances the Registrar considers necessary.

67. Convictions for bigamy must be recorded in
Register-(1) On conviction of any person for bigamy, the
Registrar of the Court in which the conviction is entered
must provide to the Registrar in a form approved by the
Registrar a certificate in respect of the conviction which
must specify the following -
(a) The names of the parties to the form of marriage
in respect of which the offence was
committed;
(b) The date and place of the offence;
(c) The date of the conviction;
(d) Such other particulars as the Registrar requires.
(2) On receipt of a certificate under subsection (1), the
Registrar must record in the Register as part of the
information in respect of the marriage the information
contained in the certificate.




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68. Changes of name in relation to marriage-(1) Any
party to a marriage who, during the marriage has changed
their name under this Act or other law, or if such person has
died, the other party to the marriage, may apply to the
Registrar in a form approved by the Registrar to record the
change of name as part of the information in respect of the
marriage recorded in the Register.
(2) An application under subsection (1) must be
accompanied by the prescribed fee.
(3) Where the Registrar is satisfied that the change of
name that is the subject of an application under subsection
(1) is properly made under this Act or other law the
Registrar must record the change of name in the Register as
part of the information in respect of the marriage.


PART VII
THE REGISTER

Creation and Maintenance of the Register
69. The Register of Births, Deaths, and Marriages-
(1) The Registrar must create and maintain the currency of
a register to be known as the Register of Births, Deaths, and
Marriages and which may comprise wholly or partly an
electronic or computer system or such other form or forms
as the Registrar from time to time considers appropriate for
the purposes of this Act.
(2) Every register, document, index, and all
information, proceedings, and generally all acts, which were
made, created, collected, or originated under or in
accordance with the Birth and Deaths Registration
Ordinance 1961 or any enactment repealed by that
enactment and the Marriage Ordinance 1961, which subsist
or are in force on the date this Act comes into force shall
remain in force for all purposes, and where there is a
corresponding provision in this Act, are deemed to have
been made, created, collected, or originated under or in
accordance with that provision.




(3) Every register maintained under the Births and
Deaths Registration Ordinance 1961 forms part of the
Register created under this Act.
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(4) The Registrar -
(a) Must record in the Register information required
to be so recorded by this Act or other law;
(b) May record in the Register information that is
authorised to be so recorded by this Act or
other law;
(c) Subject to this Act or other law, may record in
the Register information which the Registrar
is satisfied should be recorded in the
Register.
(5) The Registrar must maintain such indexes in respect
of the information recorded in the Register and in respect of
documents and information otherwise held by the Registrar
under this Act, a former Act, or other law as in the
Registrar‟s opinion are necessary to ensure the information
and the documents are reasonably accessible to the Registrar
and to any person authorised by this Act or other law to have
access to them.
(6) The Registrar must ensure that all information
stored in an electronic or computerised form remains intact
and preserved by means of an appropriate form of computer
backup or other duplication.

70. Registrar must keep Documents - The Registrar
must retain in an electronic form or otherwise the original or
a copy of every document received by the Registrar that is
required or authorised to be provided to the Registrar in
respect of the notification and registration of an event under
this Act.

71. Registrar to be satisfied in respect of information
- Subject to this Act, on receipt of any notification,
certificate, form, application, or other document or
information in respect of an event the Registrar must
carefully consider the circumstances surrounding the event
and the information received in respect of it and if the
Registrar is satisfied that -
(a) The information is correct; and




(b) The event and the information should properly be
recorded in the Register or be otherwise
recorded,




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certify that fact and register the event or amend, delete, or
record the information in the Register, as the case may
require.

72. Corrections and additions to the Register-(1)
Where, on application by any person or on the Registrar‟s
own initiative, after reasonable inquiry, the Registrar is
satisfied that, -
(a) An event not required to be registered should be
registered;
(b) Information recorded in the Register in respect
of an event is incomplete, incorrect, or
misleading; or
(c) Information should be recorded in the Register
as part of the information in respect of an
event previously registered,
subject to section 19 and section 79, the Registrar
must register the event or amend, delete, or record
information in the Register as the case may be.
(2) An application under subsection (1) must -
(a) Be in a form and manner the Registrar in writing
approves;
(b) Specify the event and the information that are
the subject of the application;
(c) Where the Registrar so requires, include -
(i) evidence supporting the accuracy of
the information;
(ii) a statutory declaration verifying the
accuracy of the information;
(iii) any other evidence the Registrar
requires; and
(d) Be accompanied by the prescribed fee.
(3) For the purposes of inquiry under subsection (1),
the Registrar may require any person to provide information
in respect of an event by a date and in such form as the
Registrar requires.
(4) Every person required in writing to provide information
to the Registrar under subsection (3) who without
reasonable excuse fails to do so by the date specified by the
Registrar commits an offence and on conviction is liable to a
fine not exceeding 10 penalty units.




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73. Court may order that event be registered-(1)
Where, on application by the Registrar or any other person
or on its own initiative, the Court is satisfied in respect of
any of the following -
(a) An event required to be registered under this Act
is not registered;
(b) An event not required to be registered under this
Act should be registered;
(c) Information recorded in the Register about an
event is incomplete, incorrect, or misleading;
(d) Information should be recorded in the Register
as part of the information in respect of an
event previously registered,
the Court may order that the event be registered under this
Act or make such orders as are necessary to complete,
correct, clarify or delete an entry in the Register.
(2) On the making of an order under subsection (1), the
Registrar of the Court which made the order must provide a
sealed copy of the order to the Registrar.
(3) On receipt of a sealed copy of an order under
subsection (1), the Registrar must -
(a) Register the event by recording in the Register
the information contained in the order; or
(b) Amend, delete, or record information in the
Register in accordance with the order.

74. Office at which Registrar may receive
documents - Unless otherwise provided in this Act or other
law, every notification, certificate, form, application, or
other document in respect of an event required to be given,
sent, posted, or made to the Registrar under this Act may be
given, sent, posted, or made to any office of the Registrar.

Protection of privacy
75. Protection of privacy - Subject to this Act, in any
circumstance in which the Registrar is required or
authorised to provide information or documents recorded in
the Register or otherwise held by the Registrar, or to allow
inspection of such information or documents, the Registrar




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must, as far as it is practicable to do so, protect the privacy
of those to whom the information or documents relate.

76. Statement of policy - The Registrar must maintain
in writing and make available on request a statement of the
matters the Registrar will consider when determining
whether or not to provide access to -
(a) Information recorded in the Register; and
(b) Information and documents otherwise held by the
Registrar.

Certificates
77. Certificates in respect of information recorded
in Register-(1) Subject to this Act any person may apply to
the Registrar for a certificate in respect of information
recorded in the Register or otherwise held by the Registrar.
(2) Every application under subsection (1) must be in
accordance with the following -
(a) Be in a form and manner the Registrar in writing
approves;
(b) Specify the information that is the subject of the
application;
(c) State the reasons for the applicant‟s interest in
the information;
(d) Include any other information the Registrar
requires;
(e) Be accompanied by the prescribed fee.
(3) In considering an application under subsection (1),
the Registrar must have regard to the following -
(a) The relationship between the applicant and the
person to whom the information relates;
(b) The age of the information;
(c) The content of the information;
(d) Whether providing the certificate will result in an
unjustified intrusion into the privacy of
someone other than the applicant;
(e) Whether providing the certificate will
contravene or frustrate the purposes of any
other enactment;




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(f) Any other matters which in the Registrar‟s
opinion are relevant to the application.
(4) Where the Registrar is satisfied that it is
appropriate to do so, the Registrar may issue a certificate in
accordance with section 78.

78. Content of certificates-(1) A certificate issued
under section 77 may -
(a) Subject to section 36 and section 79 record and
certify as accurate all or part of the
information recorded in an entry in the
Register or otherwise held by the Registrar;
or
(b) Certify that no information is recorded by entry
in the Register or is otherwise held by the
Registrar,
in respect of a specified event.
(2) Where the information to be contained in a
certificate issued under section 77 in respect of an event is
prescribed by the Regulations, a certificate issued by the
Registrar containing information in respect of such an event
must contain the information so prescribed.
(3) Where the Registrar is satisfied that a certificate to
be provided under section 77 relates to birth information in
respect of someone who was still-born or is dead, the
Registrar must cause the certificate to bear the expression
“STILL-BORN” or “DECEASED” accordingly.
(4) Subject to section 79, where a certificate provided
under section 77 relates to birth information in respect of
someone who has changed their name under Part 3, the
Registrar must cause the certificate to include the current
and former names of the person.

79. Protection of certain witnesses-(1) This section
applies to a person where the Minister -
(a) Has received a written request from the Minister
of Police to protect a new identity adopted by
the person on a specified day; and
(b) Being advised that it is in the interests of justice
that the identity should not be available by




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reference to a former name, has given the
Registrar a written direction to protect the
identity adopted by the person on that day;
and
(c) Has not later revoked the direction.
(2) Subject to subsection (4), while this section applies
to a person, where an application for a certificate under
section 77 is made in respect of birth information relating to
the person by reference to a former name of that person, any
certificate issued in respect of that information -
(a) Must contain the birth information that such a
certificate would contain if the former name
of the person referred to in the application
was the only name of the person ever
included in the birth information recorded in
the Register or otherwise held by the
Registrar; and
(b) Must contain no information that may identify
the person by any other name.
(3) Subject to subsection (4), while this section applies
to a person, where an application for a certificate under
section 77 is made in respect of birth information relating to
the person by reference to the names adopted by the person
constituting the identity to which the direction under
subsection (1)(b) relates, any certificate issued in respect of
that information -
(a) Must not contain any information relating to the
adoption of the names or the abandonment of
the names used before the names were
adopted; and
(b) Subject to paragraph (a), must contain all the
information that such a certificate would
contain if this section did not apply to the
person.
(4) While this section applies to a person, where the
Registrar is satisfied in respect of any of the following -
(a) The person has requested the certificate;
(b) Someone else has requested the certificate, and
the person has consented in writing to the
issuing of a certificate containing the
information to the person requesting it;




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(c) The person is dead;
(d) 120 years has passed since the person was born -
a certificate issued by the Registrar under section 77 in
respect of birth information relating to the person must
contain all the information that such a certificate would
contain if this section did not apply to the person.

80. Certificate admissible in legal proceedings - A
certificate issued by the Registrar under section 77 is
admissible in any legal proceedings as evidence of -
(a) The recording by entry in the Register or the
otherwise holding by the Registrar of the
information to which the certificate relates;
and
(b) The facts recorded in the information to which
the certificate relates.

Searches of Register and other records held by Registrar
81. Search of Register and other records-(1) Subject
to this Act any person may by application to the Registrar
request that the Registrar do any of the following -
(a) Search the Register or other electronic or
computer systems under the control of and
accessible to the Registrar for information in
respect of a specified event;
(b) Provide a print-out of information located as a
result of a search under paragraph (a);
(c) Search documents, other than indexes, held by
the Registrar under this Act or a former Act,
containing information in respect of a
specified event;
(d) Permit inspection of any document containing
information located as a result of a search
under paragraph (c);
(e) Provide a copy of any relevant document
containing information located as a result of
a search under paragraph (c).
(2) A request under subsection (1) must be in
accordance with the following -




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(a) Be in a form and manner the Registrar in writing
approves;
(b) Specify the event and the information to which
the request relates;
(c) State the reasons for the request;
(d) Include any other information the Registrar
requires;
(e) Be accompanied by the prescribed fee.
(3) Where a request under this section relates to
information and documents in respect of one person or to
the parties to a marriage the Registrar must have regard to
the following -
(a) The relationship between the applicant and the
person or parties to whom the information
relates;
(b) The age of the information or the document;
(c) The content of the information or the document;
(d) Whether granting the request will result in an
unjustified intrusion into the privacy of
someone other than the applicant;
(e) Whether granting the request will contravene or
frustrate the purposes of any other enactment;
(f) Any other matters which in the Registrar‟s
opinion are relevant to the request.
(4) Where the Registrar is satisfied that it is
appropriate to do so, subject to section 36 and section 79,
the Registrar may grant the request.
(5) Where a request under this section relates to
information and documents in respect of more than one
person other than the parties to a marriage, and the
Registrar is satisfied in respect of the following -
(a) The request is made by someone acting on
behalf of a Government Department or
agency or a body or person gathering
statistics, or carrying out genuine health or
demographic research;
(b) Information relating to particular individuals is
not sought and will not be retained;
(c) Granting the request would not contravene or
frustrate the purposes of this or any other
enactment;




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(d) It is in the public interest that the request be
granted,
subject to subsection (6), the Registrar must grant the
request.
(6) In granting a request under subsection (5) the
Registrar must impose such conditions as in all the
circumstances are practicable to protect from unjustified
intrusion into their privacy those to whom the requested
information and documents relate.

82. Restrictions on searches relating to new names
of certain witnesses-(1) While section 79 applies to a
person, notwithstanding section 4(2), only the Registrar
may-
(a) Permit a person to inspect; or
(b) Provide a person with a copy or print-out of any
information contained in,
any document relating to the acquisition of the new identity
the Registrar has been directed to protect.
(2) Subject to section 81, the Registrar may permit a
person to inspect, and may provide a person with a copy or
print-out of any information contained in, a document to
which subsection (1) applies only if the Registrar is satisfied
that the person to whom the document relates -
(a) Is the applicant under section 81; or
(b) Has consented in writing to the applicant
inspecting it; or
(c) Is dead; or
(d) Was born more than 120 years ago.
(3) Except as provided in subsection (2), the Registrar
must not permit any person to inspect, and must not provide
any person with a copy or print-out of any information
contained in, a document to which subsection (1) applies
except on the order of a Court made -
(a) For the purposes of a prosecution for making a
false statement; or
(b) In the event of any question as to the validity of
a marriage; or
(c) On any other special ground.




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(4) Despite anything in this section, with the written
approval of the Commissioner of Police, the Registrar may
notify any Government Department or agency that has an
interest in ensuring that people do not have more than one
identity of -
(a) The fact that section 79 applies, or has at any
time applied, to any person; and
(b) The former and new name of the person.

Fees
83. Fees-(1) Where the Registrar is empowered by this
or any other Act, to do something for which a fee is payable,
the Registrar may refuse to do that thing until the fee is paid.
(2) Where the Registrar is satisfied that in all the
circumstances it is just and fair to do so, the Registrar may -
(a) Dispense with the payment of all or any part of
any fee payable under this Act; or
(b) Refund all or any part of any fee paid under this
Act.
Additional information and services
84. Registrar may collect other information-(1)
Despite anything to the contrary in this Act, the Registrar
may record information in respect of an event registered
under this Act that is not information required to be
recorded by this Act.
(2) Records maintained under subsection (1) must be
kept so they do not form part of the Register.
(3) Where the Registrar is satisfied that someone has a
special interest in an event registered under this Act, at the
request of that person the Registrar may include in the
records maintained under this section information in respect
of that event.

85. Services in respect of information in the Register
and elsewhere-(1) The Registrar may provide additional
services in connection with information recorded in the
Register or otherwise held by the Registrar, including, but
not limited to -




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(a) The provision of information in the form of a
decorative certificate or other document; and
(b) The provision of information from records
maintained under section 84 including
historical or genealogical information.
(2) Where an additional service is provided under this
section, at the discretion of the Registrar, a charge may be
made for the service and the charge need not relate to the
cost of providing the service.


PART VIII
MISCELLANEOUS

Review by the Court
86. Review by the Court-(1) The Registrar or any
other person whose interests are affected by a decision of
the Registrar under this Act may apply to the Court for
review of the decision.
(2) An application for review under subsection (1) must
be made within 28 days from the day on which notification
of the decision was received by the applicant, unless in all
the circumstances the Court considers it fair and just that an
application be made after that date.

Offences
87. False representation - Every person who,
knowing it to be false or misleading, makes, or causes to be
made, a false or misleading representation in any form,
application, request, certificate, statement, notice, or other
document provided to the Registrar under this Act, commits
an offence and on conviction is liable to imprisonment for a
term not exceeding 2 years or a fine not exceeding 20
penalty units or both.

88. Unauthorised access to or interference with the
Register - Every person who, without the written authority
of the Registrar does any of the following -




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(a) Obtains access to information recorded in the
Register;
(b) Obtains access to information or documents
otherwise held by the Registrar under this
Act;
(c) Alters, deletes, or records information in the
Register;
(d) Alters, deletes, or records information otherwise
held by the Registrar under this Act;
(e) Alters, deletes, or records a document otherwise
held by the Registrar under this Act,
commits an offence and on conviction is liable to a term of
imprisonment not exceeding three years or a fine not
exceeding 30 penalty units, or both.

89. Falsification of certificate or document-(1) Every
person who, without the written authority of the Registrar,
affixes or causes to be affixed to any document an
impression of the signature or the seal of the Registrar
commits an offence and on conviction is liable to a term of
imprisonment not exceeding 3 years or a fine not exceeding
30 penalty units or both.
(2) Every person who without the written authority of
the Registrar alters any document issued by the Registrar
under this Act commits an offence and on conviction is
liable to a term of imprisonment not exceeding 3 years or a
fine not exceeding 30 penalty units or both.

90. Registrar may impound and destroy certain
documents - Where the Registrar is satisfied a document -
(a) Bears a forged or unauthorised impression of the
signature or the seal of the Registrar; or
(b) That purports to be issued under this Act has
been forged or falsified; or
(c) Issued under this Act has been altered; or
(d) Issued under this Act contains information
which, as a result of an addition, deletion, or
substitution of information by the Registrar
under this Act, is no longer accurate or
complete,




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the Registrar may impound and with the consent of either
the Minister or the Controller and Chief Auditor or a Judge
or the Attorney General may destroy the document.

91. No prosecution without notification to Registrar
- A prosecution for an offence under this Act must not be
commenced without written notification being given to the
Registrar.
Miscellaneous
92. Power to require and take statutory declarations
-(1) The Registrar may require that information be given by
statutory declaration.
(2) Every Registrar and Deputy Registrar appointed
under this Act is authorised to take any statutory
declarations required for the purposes of this Act and is
deemed to be a person authorised to take and record a
statutory declaration under section 21 of the Oaths,
Affidavits and Declarations Act 1963.

93. Relaxation of time or conditions - Where in all
the circumstances any act, matter, or thing required by this
Act is unable to be done within the time set by this Act or in
strict compliance with the conditions imposed by this Act, it
is sufficient if with the consent of the Registrar, any such
act, matter or thing is done within a reasonable time as
allowed by the Registrar, or if the conditions imposed are
complied with so far as is reasonably practicable as
determined by the Registrar.

94. Regulations–(1) The Head of State, acting on the
advice of the Cabinet, may make Regulations for all or any
of the following purposes -
(a) Prescribing fees or a basis for calculating fees for
the purposes of this Act;
(b) Generally prescribing any matter, form, or thing
required, authorised, or necessary to be
prescribed for the purposes of this Act and
for its effective and efficient administration;
or




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(c) Prescribing any remuneration for services carried
out by any person under this Act.
(2) Regulations made under this Act may -
(a) Be of general or limited application; or
(b) Differ according to differences in time, place or
circumstance; or
(c) Require the making of a statutory declaration; or
(d) Require the giving and collecting of information
for the purposes of statistics, including
matters to be notified, matters to be
registered, or both.


PART IX
REPEALS, TRANSITIONAL PROVISIONS
AND AMENDMENTS TO OTHER ACTS

95. Repeal of the Births and Deaths Registration
Ordinance 1961-(1) The Births and Deaths Registration
Ordinance 1961 is repealed.
(2) All entries, registers, notices, information,
registration statements, certificates, certified copies of
certificates and proceedings and generally all acts of
authority which were made, or originated, under the Birth
and Deaths Registration Ordinance 1961 or any enactment
repealed by that enactment, which subsist or are in force on
the date this Act comes into force shall remain in force for
all purposes, and where there is a corresponding provision in
this Act, are deemed to have originated with that provision.

96. The Register - The registers maintained under the
Births and Deaths Registration Ordinance 1961 and the
Marriage Ordinance 1961 form part of the Register under
this Act.

97. Superseded references - On and after the
commencement of this Act, unless inconsistent with the
context or subject-matter, in any Act other than this Act,
Regulations, or any other document, a reference to -




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(a) The Births and Deaths Registration Ordinance
1961 is deemed to be a reference to the
Births, Deaths and Marriages Registration
Act 2002; and
(b) The Register of Births and Deaths is deemed to
be a reference to the Register of Births,
Deaths, and Marriages established under Part
7 of this Act; and
(c) The Registrar-General holding office under the
Births and Deaths Registration Ordinance
1961 is deemed to be a reference to the
Registrar of Births, Deaths, and Marriages
appointed under the Births, Deaths and
Marriages Registration Act 2002.

98. Consequential amendments - An Act specified in
the heading to an item in the Schedule is amended as set out
in that item.

SCHEDULE

Consequential Amendments to various Acts and
Ordinances
1. The Marriage Ordinance 1961
1.1 In section 2 repeal the definition of “Deputy
Registrar-General” and substitute “„Deputy
Registrar‟ means a Deputy Registrar
appointed under the Births, Deaths and
Marriages Registration Act 2002”:

1.2 In section 2, repeal the definition of
“Registrar General” and substitute
‘“Registrar” means the Registrar appointed
under the Births, Deaths and Marriages
Registration Act 2002.’

1.3 In section 4 delete the heading “Registrar-
General and Deputy Registrar-General” and
substitute the words “Registrar and Deputy
Registrar”.




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1.4 In section 4(1) delete the words “Registrar-
General” and substitute the word “Registrar”
1.5 Repeal section 4(2) and substitute the
following subsection:
“(2) A Deputy Registrar shall, under the
control of the Registrar, have all of the
powers, duties and functions of the
Registrar.”
1.6 Repeal section 4(3) and substitute the
following subsection -
(3) Where a vacancy occurs for any
reason in the office of Registrar, or in the
absence of the Registrar, and for so long
as the vacancy or absence continues, -
(a) The Deputy Registrar if there is
only one; or
(b) A Deputy Registrar so authorised
at any time in writing by the
Minister or by the Registrar in
every other case, has and may
exercise and perform all the
powers, functions, and duties of
the Registrar.
1.7 Repeal section 5:
1.8 In section 7(3) delete the words “Registrar-
General” and substitute the word “Registrar”
1.9 Repeal Part IV:
1.10 Repeal section 22:
1.11 Repeal section 23:
1.12 Repeal section 24:
1.13 Repeal section 25:
1.14 Repeal section 26:
1.15 Repeal section 27:
1.16 Repeal section 28:
1.17 Repeal section 29:
1.18 Repeal section 32(b):
1.19 Repeal section 34(2)(d) and section 34(2)(e).




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2. Burials Ordinance 1961
2.1 In section 2 add the following definition in
alphabetical order - ‘“Burials” includes
cremations:’
2.2 In section 9(4) delete “Registrar-General”
and substitute “Registrar appointed under the
Births, Deaths and Marriages Registration
Act 2002”.

3. Coroner’s Ordinance 1959
3.1 In section 21(2) delete the words “Registrar-
General” and substitute the words “Registrar
appointed under the Births, Deaths and
Marriage Registration Act 2002”.

4. Infants Ordinance 1961
4.1 In section 27 delete the words “Registrar-
General” from the heading and substitute the
word “Registrar”.

4.2 In section 27 delete the words “Registrar-
General” and substitute the words “Registrar
appointed under the Births, Deaths and
Marriages Registration Act 2002”.