Home | Databases | WorldLII | Search | Feedback Nauru Sessional Legislation

  Download original PDF

Births Deaths and Marriages Registration (Amendment) Act 2020

REPUBLIC OF NAURU

BIRTHS DEATHS AND MARRIAGES REGISTRATION (AMENDMENT) ACT 2020

______________________________

No. 14 of 2020
______________________________

An Act to amend the Births Deaths and Marriages Registration Act 2017.

Certified: 23^rd October 2020

Table of Contents

1 Short title

2 Commencement

3 Amendment of the Births Deaths and Marriages Registration Act 2017

4 Amendment of Section 3

5 Amendment of Section 4

6 Amendment of Section 5

7 Amendment of Section 61

8 Amendment of Section 79

9 Insert new Section 87A

10 Consequential amendm

Enacted by the Parliament of Nauru as follows:

1 Short title

This Act may be cited as the Births Deaths and Marriages Registration (Amendment) Act 2020.

2 Commencement

This Act commences on certification by the Speaker.

3 Amendment of the Births Deaths and Marriages Registration Act 2017

The Births Deaths and Marriages Registration Act 2017 is amended by the provisions of this Act.

4 Amendment of Section 3

Section 3 is amended by inserting the following in alphabetical order:

‘Funeral Officiator’ means a person approved under this Act to conduct a funeral ceremony under the Funeral Burial and Cremation Act 2017;

5 Amendment of Section 4

Section 4 is deleted and substituted as follows:

‘4 Registrar of Births, Deaths and Marriages

(1) There shall be a Registrar of Births, Deaths and Marriages appointed in accordance with the provisions of the Public Service Act 2016.

(2) The Registrar shall exercise such powers and perform such functions as provided for under this Act.’

6 Amendment of Section 5

Section 5(1) is deleted and substituted as follows:

‘(1) A Deputy Registrar may be appointed in accordance with the provisions of the Public Service Act 2016.’

7 Amendment of Section 61

Section 61(1) is deleted and substituted as follows:

‘(1) A Marriage Officer shall not solemnise a marriage without the

endorsement of the Minister under Section 54(3)(a).’

8 Amendment of Section 79
Section 79 is deleted and substituted as follows:

‘79 Appointment of Marriage Officer and Funeral Officiator

(1) An approved organisation shall provide to the Registrar the names of each adult member that such organisation nominates to be a Marriage Officer or Funeral Officiator or both and a certificate of ordination of such member.

(2) The certificate of ordination shall be signed and attested by the head of the approved organisation.

(3) The Registrar shall submit the nomination under subsection (1) to the Minister.

(4) Where the Minister is satisfied that a person nominated under subsection (1):

• (a) is of good character;
  
• (b) is qualified to be a Marriage Officer or Funeral Officiator or both; and
  
• (c) the provisions of this Act have been complied with,

the Minister shall, in consultation with the Cabinet, shall approve such person to be a Marriage Officer or Funeral Officiator, or both and the Registrar shall record the name of such Officer in the list of approved Marriage Officers or Funeral Officiators or both.

(5) A person is appointed approved to be on the list under subsection (4) is approved’.

9 Insert new Section 87A

A new Section 87A is inserted as follows:

‘87A Offence to officiate funeral falsely pretending to be Funeral Officiator

(1) No person unless approved under Section 79 shall officiate a funeral.

(2) A person who contravenes subsection (1), commits an offence and upon conviction is liable to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 5 years or to both.’

10 Consequential amendment

The Funeral Burial and Cremation Act 2017 is amended as follows:

(a) in Section 11 by deleting the word ‘person’ where it first appears and substituting ‘Funeral Officiator’;

(b) in Section 19(2)(e) by deleting ‘religious minister’ where it appears and substituting ‘Funeral Officiator’; and

(c) in Section 22(d) by deleting ‘religious minister’ where it appears and substituting ‘Funeral Officiator’.