Victorian Current Acts

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CEMETERIES AND CREMATORIA ACT 2003 - SECT 180

Regulations and model rules

    (1)     The Governor in Council may make regulations for or with respect to—

        (a)     prescribing model rules for or with respect to the general care, protection and management of public cemeteries and crematoria;

        (b)     fees for the purposes of this Act;

        (c)     forms for the purposes of this Act;

        (d)     prescribing information for the purposes of this Act;

        (e)     the protection of public health and the maintenance of public order in public cemeteries and crematoria;

        (f)     the care, protection and management of public cemeteries and crematoria;

        (g)     the interment or other disposition of human remains in public cemeteries, including disposition under Part 11;

        (h)     the structure, maintenance and management of memorials, places of interment and buildings for ceremonies in public cemeteries;

S. 180(1)(ha) inserted by No. 16/2021 s. 6.

        (ha)     the keeping of records, the making of applications and the giving of notices for the purposes of Division 2A of Part 6;

              (i)     the cremation of any human remains in crematoria and the disposition or interment of cremated human remains;

        (j)     the standards, conduct, operation, maintenance and management of crematoria;

        (k)     prescribing penalties not exceeding 20 penalty units for a contravention of the regulations or the model rules;

        (l)     any other matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act.

    (2)     Regulations and the model rules made under this Act—

        (a)     may be of general or limited application;

        (b)     may differ according to differences in time, place or circumstance;

        (c)     may leave any matter or thing to be from time to time determined, approved or dispensed with by the Secretary or a cemetery trust.

        (d)     may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether—

              (i)     wholly or partially or as amended by the regulations or model rules; or

              (ii)     as formulated, issued, prescribed or published at the time the regulations or model rules are made or at any time before then; or

              (iii)     as formulated, issued, prescribed or published from time to time.

    (3)     Regulations made under this Act may exempt specified cemeteries or crematoria or any class of cemeteries or crematoria from complying with all or any of the regulations.

S. 180(4) inserted by No. 51/2014 s. 9(Sch. 2 item 1.3).

    (4)     Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.

Part 15—Repeals, transitional provisions and consequential amendments

Ss 181–185 repealed by No. 28/2007 s. 3(Sch.
item 4).

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