Births, Deaths and Marriages Registration (Amendment) Act 2012

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Births, Deaths and Marriages Registration (Amendment) Act 2012


Act No. 12 of 2012





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BIRTHS, DEATHS AND MARRIAGES

REGISTRATION (AMENDMENT) ACT 2012

Births, Deaths and Marriages Registration
(Amendment) Act 2012 Arrangement of Sections





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Act No. 12 of 2012 Page 3




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BIRTHS, DEATHS AND MARRIAGES

REGISTRATION (AMENDMENT) ACT 2012

Arrangement of Sections

Section

1 Short title, interpretation, commencement ............................................................. 5
2 Section 2 replaced – Office of Registrar General re-established ........................... 5
3 Section 3 amended – Persons responsible for informing death ............................. 6
4 Section 5 amended – Power to make regulations .................................................. 6
5 Section 12 amended – Ministers solemnizing marriages to be registered ............. 6
6 Section 13 amended – Penalty for false registration .............................................. 6
7 Section 14 amended – Two witnesses necessary at marriage ................................ 6
8 Section 15 amended – Sub-registrar to keep a register of marriage ...................... 6
9 Section 18 amended – Penalty for solemnizing marriage without license ............. 7
10 Section 21 amended – False declaration, etc. to procure certificates, etc., of

marriage ................................................................................................................. 7
11 Section 22 amended – False information relating to births and deaths .................. 7
12 Section 24 inserted – Appeal to Supreme Court .................................................... 7
13 Forms amended ...................................................................................................... 7
14 Transitional ............................................................................................................ 7


Births, Deaths and Marriages Registration (Amendment)
Act 2012 Section 1





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Act No. 12 of 2012 Page 5




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BIRTHS, DEATHS AND MARRIAGES

REGISTRATION (AMENDMENT) ACT 2012

Act No. 12 of 2012

AN ACT TO MAKE VARIOUS AMENDMENTS TO THE BIRTHS,

DEATHS AND MARRIAGES REGISTRATION ACT (CAP 42)

I assent,

GEORGE TUPOU VI,

17
th
September 2012.



BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature

of the Kingdom as follows:

1 Short title, interpretation, commencement

(1) This Act may be acted as the Births, Deaths and Marriages Registration

(Amendment) Act 2012.

(2) In this Act, the Births, Deaths and Marriages Registration Act is referred to as

“the Principal Act”.

(3) This Act shall commence on such date as appointed by the Prime Minister by

Notice in the Gazette.

2 Section 2 replaced – Office of Registrar General re-established

Section 2 of the Principal Act is repealed and replaced with –



Section 3
Births, Deaths and Marriages Registration (Amendment)

Act 2012





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“2 Office of Registrar General

(1) The Prime Minister with the consent of Cabinet may appoint a

Registrar General of Births, Deaths and Marriages.

(2) There shall be such sub-registrars as may be appointed by the Registrar

General following consultation with the Chief Magistrate and with the

consent of the Prime Minister; and a sub-registrar may hold that post in

conjunction with any other public office.

(3) Where a sub-registrar is, by reason of unforeseen circumstances

temporarily unable to perform the duties of the office, a Governor or

Government Representative may, with the consent of the Prime

Minister, be appointed by the Registrar General to act in the place of

the sub-registrar.”.

3 Section 3 amended – Persons responsible for informing death

The figure “$10” wherever occurring in section 3 of the Principal Act is replaced

with the figure “$100”.

4 Section 5 amended – Power to make regulations

The words “with the consent of Cabinet” are inserted after the expression “Registrar

General” occurring in section 5 of the Principal Act

5 Section 12 amended – Ministers solemnizing marriages to be
registered

The expression “Chief Justice” occurring in section 12 of the Principal Act is

replaced with the expression “Registrar General”.

6 Section 13 amended – Penalty for false registration

The figure “$100” occurring in section 13 of the Principal Act is replaced with the

figure “5,000”.

7 Section 14 amended – Two witnesses necessary at marriage

The figure “$20” occurring in section 14(3) of the Principal Act is replaced by the

figure “$200”.

8 Section 15 amended – Sub-registrar to keep a register of marriage

The words “who shall file the same in the Supreme Court Office” occurring in

section 15 of the Principal Act are replaced by the following words –

Births, Deaths and Marriages Registration (Amendment)
Act 2012 Section 9





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Act No. 12 of 2012 Page 7




“who shall keep the same at the office of the Registrar General at Nuku’alofa”.

9 Section 18 amended – Penalty for solemnizing marriage without license

The figure “$40” occurring in section 18 of the Principal Act is replaced by the

figure “$1,000”.

10 Section 21 amended – False declaration, etc. to procure certificates,
etc., of marriage

The figure “$100” occurring in section 21 of the Principal Act is replaced by the

figure “$5,000”.

11 Section 22 amended – False information relating to births and deaths

The figure “$100” occurring in section 22 of the Principal Act is replaced by the

figure “$1,000”.

12 Section 24 inserted – Appeal to Supreme Court

The following new section is inserted into the Principal Act –



“Right of appeal

A person in respect of whom a legal determination has been made by the Registrar

General may, within 21 days of the determination, seek leave to appeal to the

Supreme Court.”.

13 Forms amended

In Forms J-84 (True Copy of Birth Registration) and J-84A (Birth Certificate) in

Schedule 5, and in Schedule 6 (True Copy of Death Registration) to the Principal

Act, the words “seal of the…..Court” is repealed and replaced with “seal”.

14 Transitional

(1) Upon the commencement of this Act, and the appointment of a Registrar-

General in accordance with section 2 of the Principal Act, the Chief Justice,

Registrar of the Supreme Court, Magistrates and other sub-registrars shall

deliver to the Registrar General all materials held by them in connection with

Births Deaths and Marriages.

Section 14
Births, Deaths and Marriages Registration (Amendment)

Act 2012





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(2) Any application or other proceeding in process at the time this Act comes into

force shall remain active and shall be duly and effectively done and completed

as if commenced after this Act comes into force.





Passed by the Legislative Assembly this 3
rd

day of September 2012.

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