Victorian Current Acts Victorian Current ActsNo. 80 of 2003
Version incorporating amendments as at
1 March 2022
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Version No. 037
Cemeteries and Crematoria Act 2003
No. 80 of 2003
Version incorporating amendments as at
1 March
2022
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 28 August 2003
Legislative Council: 14 October 2003
The long title for the Bill for this Act was "to provide for the management and operation of cemeteries and crematoria, to repeal the Cemeteries Act 1958, to amend the Crimes Act 1958 and to consequentially amend other Acts and for other purposes."
The Cemeteries and Crematoria Act 2003 was assented to on 11 November 2003 and came into operation on 1 July 2005: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Cemeteries and Crematoria Act 2003 by Acts and subordinate instruments.
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Public Administration Act 2004, No. 108/2004 (as amended by No. 20/2005)
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Assent Date: |
21.12.04 |
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Commencement Date: |
S. 117(1)(Sch. 3 item 27) on 5.4.05: Government Gazette 31.3.05 p. 602 |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Health Legislation (Miscellaneous Amendments) Act 2005, No. 42/2005
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Assent Date: |
2.8.05 |
|
Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Health Professions Registration Act 2005, No. 97/2005
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Assent Date: |
7.12.05 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
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Assent Date: |
10.10.06 |
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Commencement Date: |
S. 26(Sch. item 9) on 11.10.06: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Statute Law Revision Act 2007, No. 28/2007
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Assent Date: |
26.6.07 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Public Health and Wellbeing Act 2008, No. 46/2008
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Assent Date: |
2.9.08 |
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Commencement Date: |
S. 249 on 1.1.09: Special Gazette (No. 365) 12.12.08 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Coroners Act 2008, No. 77/2008
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Assent Date: |
11.12.08 |
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Commencement Date: |
S. 129(Sch. 2 item 4) on 1.11.09: s. 2 |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Cemeteries and Crematoria Amendment Act 2009, No. 61/2009
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Assent Date: |
27.10.09 |
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Commencement Date: |
Ss 3–5, 8–23, 26–43 on 1.1.10: Government Gazette 17.12.09 p. 3338; ss 7, 25 on 1.2.10: Government Gazette 28.1.10 p. 146; ss 6, 24 on 1.3.10: Government Gazette 18.2.10 p. 288 |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
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Assent Date: |
24.11.09 |
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Commencement Date: |
S. 97(Sch. item 17) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
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Assent Date: |
30.3.10 |
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Commencement Date: |
S. 51(Sch. item 9) on 1.7.10: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Health and Human Services Legislation Amendment Act 2010, No. 29/2010
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Assent Date: |
8.6.10 |
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Commencement Date: |
S. 50 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
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Assent Date: |
3.6.14 |
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Commencement Date: |
S. 10(Sch. item 14) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
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Assent Date: |
27.06.14 |
|
Commencement Date: |
S. 33(Sch. item 6) on 30.6.14: s. 2(5) |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Filming Approval Act 2014, No. 51/2014
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Assent Date: |
12.8.14 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Cemeteries and Crematoria Amendment (Veterans Reform) Act 2015, No. 4/2015
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Assent Date: |
25.3.15 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Aboriginal Heritage Amendment Act 2016, No. 11/2016
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Assent Date: |
5.4.16 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Heritage Act 2017, No. 7/2017
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Assent Date: |
15.3.17 |
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Commencement Date: |
S. 298 on 1.11.17: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Oaths and Affirmations Act 2018, No. 6/2018
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Assent Date: |
27.2.18 |
|
Commencement Date: |
S. 68(Sch. 2 item 18) on 1.3.19: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Local Government Act 2020, No. 9/2020
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Assent Date: |
24.3.20 |
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Commencement Date: |
S. 390(Sch. 1 items 13.1−13.3) on 6.4.20; s. 390(Sch. 1 item 13.4) on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 13.5, 13.6) on 1.7.21: s. 2(4) |
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Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Cemeteries and Crematoria Amendment Act 2021, No. 16/2021
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Assent Date: |
18.5.21 |
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Commencement Date: |
Ss 4–6 on 15.11.21: Special Gazette (No. 460) 24.8.21 p. 1; ss 7–16 on 1.3.22: s. 2(2) |
|
Current State: |
This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
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3 Amendments Not in Operation
This version does not contain amendments that are not yet in
operation.
4 Explanatory details
No entries at date of publication.