Tasmanian Numbered Regulations
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BURIAL AND CREMATION REGULATIONS 2015 (S.R. 2015, NO. 33) - REG 3
Interpretation
(1) In these regulations Act means the Burial and Cremation
Act 2002 ;
authorised officer means an authorised officer as defined in
section 51 of the Act;
bodily discharges includes blood, gas and bodily waste;
certificate of exclusive right of burial means a certificate issued under
regulation 27 ;
coffin means a box, case, or other receptacle, designed
for, and into which, human remains are placed for storage, movement, cremation
or interment;
container means a container, bag, or other receptacle, into
which human remains are placed for storage or movement;
coroner has the same
meaning as in the Coroners Act 1995 ;
coroner's certificate means a
certificate issued by a coroner in accordance with section 32 of the
Coroners Act 1995 ;
cremation permit means a permit, authorising cremation,
issued and in force under Division 1 of Part 4 ;
deceased person
means human remains and includes a part of the body of a deceased person;
declaration of life extinct means a declaration of life extinct referred to in
regulation 10 ;
Director of Local Government means Director as defined in
the Local Government Act 1993 ;
Director of Public Health means the person
appointed as Director of Public Health under section 6 of the
Public Health Act 1997 ;
employee means a person who is employed in a
prescribed business;
grave means (a) an interment plot; or
(b) a
vault; or
(c) any other site or structure
in which human remains
are interred;
identification tag means an identification tag referred to in
regulation 11 ;
implanted medical device means a medical device,
implanted in a person, that may cause an explosion if the body of that person,
when deceased, is cremated, and includes, but is not limited to, any of the
following: (a) a battery;
(b) radioactive material;
(c) a cardiac pacemaker;
manager means a person who, either alone or with others, manages, operates, or
is in day-to-day control of, a prescribed business;
medical certificate
means (a) a certificate certifying the cause of a person's death
given by a medical practitioner under section 35(3) of the
Births, Deaths and Marriages Registration Act 1999 ; or
(b) a notice or
certificate that is issued and is in force under a law of the Commonwealth,
another State, a Territory, or any other place outside this State, that
corresponds to a certificate of the kind referred to in paragraph (a) ;
midwife means a person registered under the Health Practitioners Regulation
National Law (Tasmania) in the midwifery profession;
nurse means a registered
nurse or an enrolled nurse;
officer of the Ambulance Service means officer of
the Ambulance Service as defined in the Ambulance Service Act 1982 ;
personal
representative , in relation to a deceased person, includes (a)
the executor of the will of the deceased person; and
(b) the administrator of
the deceased person's estate; and
(c) the Public Trustee as defined in the
Public Trustee Act 1930 ; and
(d) a person nominated by the coroner, under
subregulation (3) , as senior next of kin in relation to the deceased
person;
Registrar of Births, Deaths and Marriages means Registrar as defined
in the Births, Deaths and Marriages Registration Act 1999 ;
reportable death
means reportable death as defined in the Coroners Act 1995 ;
responsible
person means (a) a nurse; or
(b) an officer of the Ambulance
Service; or
(c) any other person who, in the opinion of a medical
practitioner, has the knowledge and skills necessary to determine
if (i) the person who has been notified as dead is in fact dead;
and
(ii) the death is a reportable death;
senior next of kin , in relation to
a deceased person, means (a) a person who, immediately before the
death of the deceased person, was the spouse of the deceased person; or
(b) if
there is no person referred to in paragraph (a) or such a person is not
available the deceased person's eldest available daughter or son
who is 18 or more years of age; or
(c) if there is no person referred to in
paragraph (a) or (b) or such a person is not available the
person with whom, at the time of his or her death, the deceased person had a
caring relationship which was the subject of a deed of relationship registered
under Part 2 of the Relationships Act 2003 ; or
(d) if there is no person
referred to in paragraph (a) , (b) or (c) or such a person is not
available a parent of the deceased person; or
(e) if there is no
person referred to in paragraph (a) , (b) , (c) or (d) or such a person
is not available the deceased person's eldest available brother or
sister who is 18 or more years of age; or
(f) if there is no person referred
to in paragraph (a) , (b) , (c) , (d) or (e) or such a person is not
available a personal representative of the deceased person; or
(g)
if (i) there is no person referred to in paragraph (a) , (b)
, (c) , (d) , (e) or (f) or such a person is not available; and
(ii) the
deceased person is an Aboriginal person within the meaning of the
Aboriginal Lands Act 1995
a person who is an appropriate person
according to the customs and tradition of the community or group to which the
deceased person belonged; or
(h) if there is no person referred to in
paragraph (a) , (b) , (c) , (d) , (e) , (f) or (g) or such a person is
not available a person nominated by the Director of Local
Government, under subregulation (4) , as senior next of kin;
spouse
includes the other party to a significant relationship, within the meaning of
the Relationships Act 2003 ;
tray means a tray or table on which human remains
are placed before being placed in a coffin;
vault means (a) a
compartment in a mausoleum; or
(b) a compartment in an underground
chamber
in which human remains are or may be interred.
(2) For the purpose of the definition of senior next of kin
in subregulation (1) , a person is not available if the
person (a) is unable to be contacted, even though all reasonable
steps have been taken to do so; or
(b) has declined to act as senior next of
kin; or
(c) is, in the opinion of a medical practitioner, unable to perform
adequately or competently the duties of senior next of kin.
(3) For paragraph (d) of the definition of personal
representative in subregulation (1) , a coroner may nominate a person as
senior next of kin by written notice provided to the person.
(4) For paragraph (h) of the definition of senior next of kin in subregulation (1) , the Director of Local Government may nominate a person as senior next of kin by written notice provided to the person.
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