(a) body parts; or (b) cremated human remains; body parts means human tissue or a part of a person where that tissue or part is not part of a corpse and includes foetal remains which are not a still-born child; building for ceremonies means a building, chapel or other place of worship or commemoration for the use of a particular faith, religion or cultural group; S. 3(1) def. of cemetery trust substituted by No. 61/2009 s. 4(2). cemetery trust means a cemetery trust established under Part 2 and includes a Class A cemetery trust and a Class B cemetery trust; S. 3(1) def. of cemetery trust fee substituted by No. 61/2009 s. 26(b). cemetery trust fee means a fee or charge or scale of fees and charges set under section 39 and either— (a) approved under section 40; or (b) exempt under section 40A from approval under section 40; s. 3 cemetery trust rules means rules made by a cemetery trust under section 26; S. 3(1) def. of Class A cemetery trust inserted by No. 61/2009 s. 4(1). Class A cemetery trust means a cemetery trust established as a Class A cemetery trust under Part 2 or Schedule 4 or converted under Schedule 3; S. 3(1) def. of Class B cemetery trust inserted by No. 61/2009 s. 4(1). Class B cemetery trust means a cemetery trust other than a Class A cemetery trust; closed cemetery means a cemetery or part of a cemetery to which an order under section 62 applies;
S. 3(1) def. of listed Class B cemetery trust inserted by No. 61/2009 s. 4(1). listed Class B cemetery trust means a Class B cemetery trust included on a list prepared by the Secretary under section 18K; memorial means a monument, tombstone, headstone, ledger, cenotaph, plaque or other method of memorialising a deceased person where that memorial is within a public cemetery; model rules means model rules made in accordance with section 25; s. 3 municipal council means a Council within the meaning of the Local Government Act 1989; place of interment means a grave, vault, mausoleum, niche wall or any other structure or plot used for the interment of human remains; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 14.1). police officer has the same meaning as in the Victoria Police Act 2013; public grave means a grave for multiple interments in which more than one person may be interred and in respect of which more than one person may be granted a right of interment that permits one interment only and no re-use of the grave by the holder of the right of interment;
78 Exercising a right of interment s. 78 (1) A right of interment is exercised if, in accordance with this Act— (a) human remains are interred at the place of interment to which the right of interment applies; or (b) the holder of the right of interment creates a memorial at that place of interment. (2) If a right of interment is held by more than one person, it may be exercised jointly and severally. Division 2—Transfer and surrender 79 Can a right of interment be transferred to another person? s. 79 (1) Subject to this Part, a right of interment may be transferred to another person. (2) If a person is the sole holder of a right of interment, the person may transfer that right of interment for consideration which does not exceed the current cemetery trust fee payable for the same type of right of interment in the public cemetery for which that cemetery trust is responsible, less the cemetery trust fee for the recording by the cemetery trust of the transfer of that right of interment. 80 Transfer of right of interment must be recorded (1) A person to whom a right of interment is transferred must— (a) notify in writing the cemetery trust which is responsible for the public cemetery to which the right of interment applies of that transfer; and
20 penalty units. __________________ S. 142 amended by Nos 42/2005 s. 5, 77/2008 s. 129(Sch. 2 item 4.6). 142 Prescribed person may apply for order s. 142 A prescribed person may apply to the Magistrates' Court or a coroner for an order under this Part. 143 Magistrates' Court may make order S. 143(1) amended by Nos 42/2005 s. 5, 77/2008 s. 129(Sch. 2 item 4.7). (1) The Magistrates' Court or a coroner may make an order requiring a cemetery trust— (a) to either— (i) cremate the bodily remains of a deceased poor person and inter those cremated human remains free of charge in the public cemetery for which it is responsible; or (ii) to inter the bodily remains of a deceased poor person free of charge in the public cemetery for which it is responsible; and (b) to place a plaque on the place of interment of the deceased poor person setting out the name, date of birth and date of death of the deceased poor person (if known) if it appears that the relatives or friends of that person are unable to provide a plaque or other memorial. S. 143(2) amended by Nos 42/2005 s. 5, 77/2008 s. 129(Sch. 2 item 4.8). (2) The Magistrates' Court or a coroner must not make an order under this Part unless satisfied that—
equipment is brought before the Magistrates' Court within that period. (2) Section 78 of the Magistrates' Court Act 1989 applies to any document or equipment brought before the Magistrates' Court under this section as if it were brought before that Court under that section 78. 165 Search warrants S. 165(1) amended by No. 37/2014 s. 10(Sch. item 14.2). (1) An authorised officer or a police officer may apply to a magistrate for the issue of a search warrant in relation to a particular premises or a place if the authorised officer or the police officer believes on reasonable grounds that an offence against this Act or the regulations has been committed. S. 165(2) amended by No. 37/2014 s. 10(Sch. item 14.2). (2) If a magistrate is satisfied, by the evidence on oath or by affidavit of the authorised officer or the police officer (as the case requires), that there are reasonable grounds for believing that an offence against this Act or the regulations has been committed, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer or a police officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment— (a) to enter the premises or place specified in the warrant, if necessary by force; and S. 165(2)(b) amended by No. 37/2014 s. 10(Sch. item 14.2). (b) to do all or any of the following— (i) search for; (ii) seize; s. 165 (iii) secure against interference; (iv) examine and inspect;
S. 166(2) amended by No. 37/2014 s. 10(Sch. item 14.2). (2) An authorised officer or a police officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the premises or place is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 167 Details of warrant to be given to occupier s. 167 (1) If the occupier is present at premises or a place where a search warrant is being executed, the person executing the warrant must— (a) identify himself or herself to the occupier; and (b) give a copy of the warrant to the occupier. (2) If the occupier is not present at the premises or a place where a search warrant is being executed, the person executing the warrant must— (a) identify himself or herself to a person at the premises or place; and (b) give a copy of the warrant to the person. 168 Copies of seized documents S. 168(1) amended by No. 37/2014 s. 10(Sch. item 14.2). (1) If an authorised officer or a police officer retains possession of a document taken or seized from a person under a warrant, the authorised officer or the police officer (as the case requires) must give the person a copy of the document certified as correct by the authorised officer or the police officer (as the case requires).
(b) to grant an approval to establish or alter a memorial or a place of interment in the cemetery subject to terms and conditions. (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 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
(iii) as formulated, issued, prescribed or published from time to time. s. 180 (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. __________________ Ss 181–185 repealed by No. 28/2007 s. 3(Sch. item 4). * * * * * 186 Transitional provisions s. 186 Schedule 2 has effect. __________________ SCHEDULES S. 6(3). SCHEDULE 1 Sch. 1 Sch. 1 (Heading) amended by No. 61/2009 s. 22(1). B Sch. 1 cl. 1 (Heading) amended by No. 61/2009 s. 22(2)(a). 1 Terms of appointment of Class B cemetery trust members Sch. 1 cl. 1(1) amended by No. 61/2009 s. 22(2)(b). (1) A member of a Class B cemetery trust holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.
(b) The Greater Metropolitan Cemeteries Trust, in the case of cemetery trust fees fixed by a former and eastern cemetery trust; (c) The Southern Metropolitan Cemeteries Trust, in the case of cemetery trust fees fixed by a former southern cemetery trust. (2) Cemetery trust fees to which this clause applies must be reviewed by the relevant Class A cemetery trust established by this Schedule within 2 years of the relevant appointed day for each Class A cemetery trust. 20 Construction of references On and from the relevant appointed day, in any Act (other than this Act), or in any subordinate instrument made under any Act or in any other document of any kind, unless the context otherwise requires— (a) a reference to The Cheltenham and Regional Cemeteries Trust is to be construed as a reference to The Southern Metropolitan Cemeteries Trust; Sch. 4 (b) a reference to The Trustees of the Necropolis, Spring Vale is to be construed as a reference to The Southern Metropolitan Cemeteries Trust; (c) a reference to The Anderson's Creek Cemetery Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust; (d) a reference to The Keilor Cemetery Trust is to be construed as a reference to The Greater Metropolitan Cemeteries Trust;