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CEMETERIES AND CREMATORIA ACT 2003


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   2A.     Objects  
   3.      Definitions  
   3A.     Filming Approval Act 2014  

   PART 2--CEMETERIES AND CEMETERY TRUSTS

   4.      Establishment of public cemeteries  
   5.      Establishment of cemetery trusts  
   5A.     Conversion of certain regional cemetery trusts to Class A cemetery trusts  
   5B.     Abolition of certain cemetery trusts and establishment of new Class A cemetery trusts  
   6.      Constitution and membership of Class B cemetery trusts  
   6A.     Constitution and membership of Class A cemetery trusts  
   6B.     Cemetery trusts are Class B cemetery trusts unless order or Act otherwise specifies  
   7.      Cemetery trusts do not represent the Crown  
   8.      Management of public cemeteries  
   9.      Effect of order abolishing cemetery trust  
   9A.     Conversion order—Class A cemetery trust or Class B cemetery trust  
   10.     Appointment of an administrator  
   11.     Membership of cemetery trust not office of profit  
   12.     Functions of Class B cemetery trusts  
   12A.    Functions of Class A cemetery trusts  
   12B.    Application of Public Administration Act 2004—converted cemetery trusts  
   13.     General powers of cemetery trusts  
   14.     Powers in respect of more than one cemetery  
   15.     Power to delegate  
   16.     Immunity of members of cemetery trust  
   17.     Staff and other assistance  
   18.     Secretary may give directions to cemetery trusts  
   18A.    Secretary to develop policies and plans for cemetery and crematoria sector  

   PART 2A--ADDITIONAL REQUIREMENTS FOR CLASS A CEMETERY TRUSTS

   18B.    Establishment and functions of governance committees  
   18C.    Membership and procedure  
   18D.    Community advisory committees  
   18E.    Functions of community advisory committee  
   18F.    Membership and procedure of community advisory committees  
   18G.    Community advisory committee guidelines  
   18H.    Annual meeting  
   18I.    Notice of annual meeting  
   18J.    Leadership role for Class B cemetery trusts  
   18K.    Listed Class B cemetery trusts  
   18L.    Chief executive officer  
   18M.    Chief executive officer's functions  
   18N.    Annual plans  
   18O.    Strategic plans  
   18P.    Annual plan and strategic plan guidelines  
   18Q.    Payment of levy  

   PART 3--MANAGEMENT OF PUBLIC CEMETERIES

   19.     Power to carry out works in public cemetery  
   20.     Setting aside areas  
   21.     Establishment of a crematorium  
   22.     Establishment of mausolea facilities  
   23.     Secretary may revoke approvals  
   24.     Interference with distribution of land  
   25.     Model rules  
   26.     Power to make cemetery trust rules  
   27.     Approval and publication of cemetery trust rules  
   28.     Governor in Council may revoke cemetery trust rules  
   29.     Effect of Division  
   30.     Cemetery trust may purchase or acquire land for cemetery  
   31.     Minister may acquire land  
   32.     Land Acquisition and Compensation Act 1986 applies  
   33.     Land purchased or acquired vests in Crown  
   34.     Land permanently reserved  
   35.     References to acquiring authority  
   36.     Power to grant licences over cemetery land  
   37.     Power of trusts to lease cemetery land  
   38.     Registrar of Titles to amend Register  
   39.     Power to fix fees and charges for services  
   40.     Secretary to approve fees and charges  
   40A.    Secretary may exempt certain fees and charges from approval  
   41.     Secretary to publish notice of approval  
   42.     Secretary to publish fees and charges on the Internet  
   42A.    Fees and charges guidelines  
   43.     Fees and charges to increase by CPI  
   44.     Waiver or reduction of fees or charges  
   45.     Investment powers  
   46.     Borrowing powers  
   47.     Payments for private streets  
   48.     Application of Division  
   49.     Cemetery trust to keep accounts and records  
   50.     Auditing of accounts and records  
   51.     Secretary may ask for investigation  
   51A.    Secretary to determine terms of reference and other matters  
   51B.    Auditor's authority  
   51C.    Powers of auditors  
   51D.    Report to Secretary  
   51E.    Confidentiality requirements  
   52.     Report to Secretary on operations and accounts  
   52A.    Class A cemetery trust—operational report  
   53.     Municipal council may manage public cemetery  
   54.     Limits on power to delegate  
   55.     Borrowing and investment powers of councils  
   56.     Use of council funds  
   57.     Report to Secretary  
   58.     Secretary may inspect accounts and records  

   PART 4--CEMETERY RECORDS

   59.     Cemetery trust to keep records  
   60.     Can the public inspect records?  
   61.     Records as evidence  

   PART 5--CLOSURE OF PUBLIC CEMETERIES AND HISTORIC CEMETERY PARKS

   62.     Order closing public cemetery  
   63.     Effect of order closing public cemetery  
   64.     What happens to rights of interment in a closed cemetery?  
   64A.    Order reopening closed cemetery  
   64B.    Effect of order reopening a closed cemetery  
   65.     Definitions  
   66.     Application to Minister to approve conversion to a historic cemetery park  
   67.     Minister may approve conversion to historic cemetery park  
   68.     Rights of interment cancelled  
   69.     Cemetery trust to notify holders of rights of interment  
   70.     Cemetery trust to prepare plan of existing places of interment  
   71.     Cemetery trust may remove memorials  
   72.     What happens if a right of interment is cancelled under this Division?  

   PART 6--RIGHTS OF INTERMENT IN A PUBLIC CEMETERY

   73.     Cemetery trust may grant right of interment  
   74.     How long does a right of interment last?  
   75.     What types of rights of interment can be granted?  
   76.     Right of interment may be allocated or unallocated  
   77.     Entitlements of right of interment for interring human remains  
   78.     Exercising a right of interment  
   79.     Can a right of interment be transferred to another person?  
   80.     Transfer of right of interment must be recorded  
   81.     Offence to receive certain consideration for right of interment  
   82.     Surrender to cemetery trust of unexercised right of interment by sole holder  
   83.     Surrender to cemetery trust of exercised right of interment by sole holder  
   84.     Surrender to cemetery trust of right of interment—more than one holder  
   85.     Cemetery trust to offer to convert 25 year limited right of interment  
   86.     Cemetery trust may remove cremated human remains and memorial  
   86A.    Cemetery trust holds certain rights of interment relating to cremated human remains of deceased identified veterans  
   87.     Conversion or extension of a 25 year limited right of interment  
   88.     Application to carry out lift and re-position procedure  
   89.     Cemetery trust may approve or refuse application  
   90.     Approval to carry out lift and re-position procedure without exhumation licence  
   91.     When can a cemetery trust cancel a right of interment?  
   92.     What happens if a right of interment is cancelled?  
   93.     Order discontinuing granting rights of interment  
   94.     Effect of order discontinuing granting rights of interment  

   PART 7--MEMORIALS, PLACES OF INTERMENT AND BUILDINGS FOR CEREMONIES

   95.     Offence to desecrate memorials  
   96.     Offence to desecrate places of interment  
   97.     Definition of place of interment limited  
   98.     Application for establishment or alteration of memorials and places of interment  
   99.     Cemetery trust may approve or refuse the application  
   100.    Cemetery trust may remove memorials or places of interment  
   101.    Approval for establishment or alteration of a building for ceremonies  
   102.    Cemetery trust may approve or refuse the application  
   103.    Cemetery trust may remove building for ceremonies  
   104.    Duty to maintain memorial or place of interment or buildings for ceremonies  
   105.    What is meant by a safe and proper condition?  
   106.    Powers of a cemetery trust—memorials and places of interment  
   107.    Powers of a cemetery trust—buildings for ceremonies  
   108.    Recovery of costs and expenses  
   109.    What if the holder of right of interment or responsible person cannot be found?  
   110.    Cemetery trust may repair or maintain from other funds  
   110A.   Cemetery trust may establish, repair or maintain memorial or place of interment of deceased identified veterans  
   111.    Cemetery trust may enter agreements to maintain memorials and places of interment  
   112.    Cemetery trust may sell and supply memorials  

   PART 8--INTERMENT OF BODILY REMAINS

   113.    Bodily remains interred for perpetuity  
   114.    Unlawful interment  
   115.    Offence to inter bodily remains in public cemetery without interment authorisation  
   116.    Application for interment authorisation  
   117.    Offence to make false statement in application for interment authorisation  
   118.    Grant of interment authorisation  
   119.    Conditions on interment authorisation  
   120.    Offence to fail to comply with interment authorisation  
   121.    Application for interment approval for interment other than in a public cemetery  
   122.    Offence to make false statement in application for interment approval  
   123.    Grant of interment approval  
   124.    Conditions on interment approval  
   125.    Offence to fail to comply with interment approval  
   126.    Notice of interment approval to Registrar of Titles  
   127.    Secretary to notify Registrar of Titles to remove notice  

   PART 9--CREMATION

   128.    Interment of cremated human remains  
   129.    Unlawful cremation  
   130.    Offence to cremate without cremation authorisation  
   131.    Application for cremation authorisation  
   132.    Offence to make false statement in application for cremation authorisation  
   133.    Grant of cremation authorisation  
   134.    Secretary may grant cremation approval  
   135.    Application for approval to cremate in a place other than a crematorium in a public cemetery  
   136.    Approval by Secretary  
   137.    Offence to make false statement in application to Secretary  
   138.    Who can sign certificate of a registered medical practitioner authorising cremation?  
   139.    Refusal to sign certificate of registered medical practitioner authorising cremation  
   140.    Offence to make false statement in certificate of registered medical practitioner authorising cremation  
   141.    Offence to inter cremated human remains in public cemetery without authority  
   141A.   Disapplication of provisions in respect of Aboriginal ancestral remains  

   PART 10--INTERMENT AND CREMATION OF DECEASED POOR PERSONS

   142.    Prescribed person may apply for order  
   143.    Magistrates' Court may make order  
   144.    Order to generally specify cremation  
   145.    Trust must comply with order  

   PART 11--OTHER DISPOSITION OF HUMAN REMAINS

   146.    Disposal by methods other than interment or cremation  
   147.    Secretary may grant approval  
   148.    Secretary may vary or revoke approval  
   149.    Cemetery trust to cease using method if approval revoked  
   150.    Interment or cremation of body parts  
   151.    Application for interment or cremation of body parts  
   152.    Grant of authorisation  
   153.    Offence to inter body parts in public cemetery without authority  

   PART 12--EXHUMATION AND REMOVAL

   154.    Part does not apply to exhumation under Coroners Act  
   155.    Offence to exhume other than in accordance with this Act  
   156.    Application to Secretary for exhumation licence  
   157.    Grant of exhumation licence  
   158.    Exhumation licence required to move remains to another location  
   158A.   False statements  
   159.    Offence to fail to comply with exhumation licence  

   PART 13--ENFORCEMENT

   160.    Appointment of authorised officers  
   161.    Identity card  
   162.    Offence not to produce identity card  
   163.    Powers of entry and inspection  
   164.    Retention and return of seized documents or equipment  
   165.    Search warrants  
   166.    Announcement before entry  
   167.    Details of warrant to be given to occupier  
   168.    Copies of seized documents  
   169.    Refusal or failure to comply with requirement  
   170.    Offence to hinder or obstruct authorised officer  
   171.    Offence to give false or misleading information  
   172.    Protection against self-incrimination  
   173.    Offence to impersonate authorised officer  
   174.    Who may prosecute?  
   175.    Extended period to prosecute certain offences  
   176.    Offence to dispose of falsely identified bodily remains  
   177.    Indictable offences  
   178.    Offences by bodies corporate  

   PART 14--GENERAL

   179.    Review by VCAT  
   180.    Regulations and model rules  

   PART 15--REPEALS, TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

   186.    Transitional provisions  
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES


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