158A False statements 117 159 Offence to fail to comply with exhumation licence 117 118 Division 1—Enforcement powers 118 160 Appointment of authorised officers 118 161 Identity card 118 162 Offence not to produce identity card 118 163 Powers of entry and inspection 118 164 Retention and return of seized documents or equipment 120 165 Search warrants 120 166 Announcement before entry 122 167 Details of warrant to be given to occupier 123 168 Copies of seized documents 123 169 Refusal or failure to comply with requirement 123 170 Offence to hinder or obstruct authorised officer 124 171 Offence to give false or misleading information 124 172 Protection against self-incrimination 124 173 Offence to impersonate authorised officer 124 174 Who may prosecute? 125 175 Extended period to prosecute certain offences 125 Division 2—Offences 125 176 Offence to dispose of falsely identified bodily remains 125 177 Indictable offences 125 178 Offences by bodies corporate 126 127 179 Review by VCAT 127 180 Regulations and model rules 127 130 181–185 Repealed 130 186 Transitional provisions 130 __________________ SCHEDULES 131 SCHEDULE 1—Membership and Procedure of Class B Cemetery Trusts 131 1 Terms of appointment of Class B cemetery trust members 131 2 Chairperson of Class B cemetery trust 131 3 Resignation and removal of members 132 4 Vacancies in membership of Class B cemetery trusts 132
(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;
right of interment means a right of interment granted by a cemetery trust in accordance with Part 6; S. 3(1) def. of Secretary substituted by No. 29/2010 s. 50(1). Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; still-born child has the same meaning as it has in the Births, Deaths and Marriages Registration Act 1996; transfer, in relation to a right of interment, means— (a) sale; or (b) gift; or (c) bequest in a will; or (d) other assignment. S. 3(2) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 27.1), 29/2010 s. 50(2). (2) If under the Public Administration Act 2004 the name of the Department of Health is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date that the name is changed, be treated as a reference to the Department by its new name. s. 3 __________________ 4 Establishment of public cemeteries s. 4 (1) The Governor in Council, by order published in the Government Gazette, may establish a public cemetery. (2) A public cemetery may only be established on Crown land reserved or deemed to be reserved for the purposes of cemeteries and crematoria under
S. 6(2) amended by No. 61/2009 s. 8(2). (2) Despite subsection (1), in the case of a closed cemetery or a historic cemetery park, a Class B cemetery trust which manages that cemetery may consist of one member. S. 6(3) amended by No. 61/2009 s. 8(2). (3) Schedule 1 has effect with respect to the membership and procedure of a Class B cemetery trust. S. 6A inserted by No. 61/2009 s. 9. 6A Constitution and membership of Class A cemetery trusts (1) A Class A cemetery trust consists of not less than 6 and not more than 9 members appointed by the Governor in Council on the recommendation of the Minister. (2) In making a recommendation under subsection (1), the Minister must ensure that any appointment contributes to the Class A cemetery trust collectively having the skills and expertise required to perform its functions. (3) Schedule 1A has effect with respect to the membership and procedure of a Class A cemetery trust. S. 6B inserted by No. 61/2009 s. 10. 6B Cemetery trusts are Class B cemetery trusts unless order or Act otherwise specifies On and from the commencement of section 10 of the Cemeteries and Crematoria Amendment Act 2009, a cemetery trust in existence at that commencement is taken to be a Class B cemetery trust unless this Act or any subsequent order made under this Act otherwise specifies. 7 Cemetery trusts do not represent the Crown A cemetery trust does not represent and is not to be taken to be part of the Crown. 8 Management of public cemeteries s. 7
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. Sch. 1 cl. 1(2) amended by No. 61/2009 s. 22(2)(b). (2) A member of a Class B cemetery trust is eligible for re-appointment. Sch. 1 cl. 1(3) amended by No. 61/2009 s. 22(2)(b). (3) The instrument of appointment of a member of a Class B cemetery trust may specify terms and conditions of appointment. Sch. 1 cl. 1(4) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 27.2) (as amended by No. 20/2005 s. 50(1)), 80/2006 s. 26(Sch. item 9). (4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
(f) The Trustees of the ; (g) The Trustees of the Fawkner Crematorium and Memorial Park; (h) Wyndham Cemeteries Trust; former southern cemetery trust means— Sch. 4 (a) The and Regional Cemeteries Trust; (b) The Trustees of the Necropolis, Spring Vale; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; listed employee means an employee of the Brimbank City Council, the Darebin City Council, the Mildura Rural City Council or the Wyndham City Council who is eligible for inclusion on a list prepared under clause 15; property means a legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; staff transfer date means a date fixed by the Secretary under clause 16; The Greater Metropolitan Cemeteries Trust means the Class A cemetery trust established by clause 4; The Keilor Cemetery Trust means the Keilor Cemetery Trust of which the Brimbank City Council or its councillors are the members;
General Information Endnotes 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. Table of Amendments Endnotes This Version incorporates amendments made to the Cemeteries and Crematoria Act 2003 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Administration Act 2004, No. 108/2004 (as amended by No. 20/2005) Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 27) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 Health Legislation (Miscellaneous Amendments) Act 2005, No. 42/2005 Assent Date: 2.8.05 Commencement Date: Ss 3–7 on 3.8.05: s. 2 : This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 7) on 1.7.07: s. 2(3) : 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 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 9) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 Statute Law Revision Act 2007, No. 28/2007