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Cemeteries and Crematoria Amendment (Veterans Reform) Bill 2015

      Cemeteries and Crematoria
    Amendment (Veterans Reform) Bill
                 2015

                        Introduction Print


              EXPLANATORY MEMORANDUM


                              Clause Notes
Clause 1   sets out the purpose of the Bill. The main purpose of the Bill is
           to amend the Cemeteries and Crematoria Act 2003 to provide
           for the conversion of a right of interment for interring cremated
           human remains of deceased identified veterans for 25 years to a
           perpetual right of interment and to provide for the re-interment of
           cremated human remains of deceased identified veterans and
           their family members in specified circumstances.

Clause 2   is the commencement provision, which provides for the Bill to
           come into operation on a day or days to be proclaimed or on
           1 February 2016 if not proclaimed before that date.

Clause 3   identifies the Cemeteries and Crematoria Act 2003 as the
           Principal Act.

Clause 4   sets out definitions of domestic partner, family member, spouse
           and veteran for inclusion in section 3(1) of the Cemeteries and
           Crematoria Act 2003.

Clause 5   amends section 85 of the Cemeteries and Crematoria Act 2003.
           Section 85(1) currently requires cemetery trusts to take
           reasonable steps to notify the holder of a limited tenure right of
           interment to advise that the right of interment will expire at the
           end of 25 years after it was granted. The new section 85(2)(c)
           sets out the details which the cemetery trust must include in a
           notice under section 85(1) where the right of interment relates to
           cremated human remains of a deceased identified veteran.

581017                               1      BILL LA INTRODUCTION 10/2/2015

 


 

Clause 6 amends section 86 of the Cemeteries and Crematoria Act 2003. Section 86 currently provides that if a cemetery trust has given a notice under section 85, and no action is taken by the holder of the right of interment, the cemetery trust may remove the interred cremated remains, dispose of those remains, and remove any memorial relating to those remains. The new section 86(2) allows a cemetery trust to leave interred cremated human remains undisturbed, or convert the right of interment to a perpetual right of interment, if no action is taken by the holder of the right of interment after a section 85 notice has been issued. The new section 86(3)(a) allows a cemetery trust to leave interred cremated human remains of a deceased identified veteran undisturbed in perpetuity. The new section 86(3)(b) allows a cemetery trust to remove interred cremated human remains of a deceased identified veteran and re-inter them at another location within the cemetery grounds. A cemetery trust may also move a memorial to a deceased identified veteran to the place of re-interment or establish a new memorial at that place. The new section 86(4) allows a cemetery trust to remove and re-inter interred cremated remains that are interred at the same place as a deceased identified veteran relocated under section 86(3)(b), or to remove and re-inter the cremated human remains of family members interred in the vicinity of the place of interment of the deceased identified veteran. A memorial may also be removed or re-established under subsection (4). The new section 86(5) provides that a cemetery trust must not take any action under section 86(4) unless the cemetery trust has given notification under section 85 or obtained consent from the holder of any relevant perpetual right of interment and no action has been taken by the holder of the relevant right of interment. The new section 86(6) provides that if a cemetery trust re-inters cremated human remains under section 86(3) or (4), the right of interment that applies to the new place of interment is a perpetual right of interment. 2

 


 

Clause 7 inserts a new section 86A into the Cemeteries and Crematoria Act 2003. Section 86A(1) provides that if a cemetery trust converts a right of interment to a perpetual right of interment under section 86(3)(a), the right of interment will be held by the cemetery trust and the cemetery trust will be responsible for the maintenance of that place of interment and any memorial at that place of interment. Section 86A(2) provides that if a cemetery trust re-inters cremated human remains under section 86(3)(b) or (4), the right of interment will be held by the cemetery trust and the cemetery trust will be responsible for the maintenance of that place of interment and any memorial at that place of interment. Clause 8 inserts a new section 110A into the Cemeteries and Crematoria Act 2003. Section 110(1) of the Cemeteries and Crematoria Act 2003 enables cemetery trusts to use funds other than cemetery trust funds for the maintenance, repair and restoration of memorials in certain circumstances. New section 110A provides that cemetery trusts may use cemetery trust funds or other funds to maintain, repair or restore a memorial or place of interment of the cremated remains of a deceased identified veteran or to establish a memorial to a deceased identified veteran. Clause 9 provides for the automatic repeal of the amending Bill on 1 February 2017. The repeal of this Bill does not affect in any way the continuing operation of the amendments made by this Bill (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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