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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