authorised officer means a person appointed as an authorised officer under Part 13; bodily remains means a corpse of a human being, including a corpse of a still-born child but does not include— (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; 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 community advisory committee inserted by No. 61/2009 s. 4(1). community advisory committee means an advisory committee established by a Class A cemetery trust under section 18D; S. 3(1) def. of community advisory committee guidelines inserted by No. 61/2009 s. 4(1). community advisory committee guidelines means guidelines made by the Secretary under section 18G; S. 3(1) def. of conversion order inserted by No. 61/2009 s. 4(1). conversion order means an order made under section 9A; cremated human remains means— (a) a corpse of a human being (including a corpse of a still-born child) which has been cremated in a crematorium; (b) body parts which have been cremated in a crematorium; cremation approval means an approval to cremate bodily remains at a crematorium in a public cemetery granted by the Secretary under section 134;
(b) may change the name of a cemetery trust; (c) may provide for— (i) the appointment of new members to a cemetery trust; (ii) the removal of members from a cemetery trust; (d) may provide for the transfer of— (i) assets and liabilities (whether contingent or otherwise); (ii) duties and obligations in relation to staff; (iii) duties and obligations under contracts or other arrangements; (iv) records and registers; (e) may make provision for any other matter which, in the opinion of the Governor in Council, is necessary or expedient for the effective operation of the order; (f) may include savings, transitional or consequential provisions to facilitate the operation of the order. (4) A conversion order takes effect— (a) on the date the order is published in the Government Gazette; or (b) if a later date is specified in the order, on that later date. 10 Appointment of an administrator (1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage a public cemetery.
(c) prevent the member continuing to be a member of the Legislative Council or the Legislative Assembly; or (d) subject the member of the Legislative Council or the Legislative Assembly to liability to a penalty under the Constitution Act 1975. S. 12 (Heading) amended by No. 61/2009 s. 16(1). 12 Functions of Class B cemetery trusts S. 12(1) amended by No. 61/2009 s. 16(2). (1) The functions of a Class B cemetery trust are— (a) to properly and efficiently manage and maintain each public cemetery for which it is responsible; and S. 12(1)(b) amended by No. 61/2009 s. 16(2). (b) to carry out any other function conferred on a Class B cemetery trust by or under this Act or any other Act. S. 12(2) amended by No. 61/2009 s. 16(2). (2) In exercising its functions, a Class B cemetery trust must have regard to— (a) its obligations in relation to funding of the perpetual maintenance of the public cemetery for which it is responsible; and (b) the cultural and religious values of the community; and (c) the heritage values (if any) of the public cemetery for which it is responsible. S. 12A inserted by No. 61/2009 s. 17. 12A Functions of Class A cemetery trusts (1) The functions of a Class A cemetery trust are— (a) to properly and efficiently manage and maintain each public cemetery for which it is responsible;
Without limiting this Part— (a) a memorial or place of interment is not in a safe and proper condition if— (i) it is in a state likely to cause physical danger to any person; or (ii) noxious fumes are escaping from that memorial or place of interment; and (b) a building for ceremonies is not in a safe and proper condition if it is in a state likely to cause physical danger to any person. 106 Powers of a cemetery trust—memorials and places of interment (1) If a cemetery trust believes that a memorial or place of interment is not in a safe and proper condition, the cemetery trust, by notice in writing, may require the holder of the right of interment in respect of that memorial or place of interment— (a) to make the condition of the memorial or place of interment safe and proper; or (b) to carry out the repairs specified in the notice. (2) Before giving a notice under subsection (1) in respect of a place of interment, a cemetery trust may require the holder of the right of interment to open the place of interment for examination. (3) If the holder of the right of interment fails to open the place of interment when required under subsection (2), the cemetery trust may open and examine the place of interment. (4) If the holder of the right of interment fails to comply with the notice under subsection (1) within 14 days of its receipt, the cemetery trust may—
(ii) if the still-birth occurred in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice of still-birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the occurred; or (e) a cremation approval. 132 Offence to make false statement in application for cremation authorisation A person must not make a false statement in an application for a cremation authorisation. 600 penalty units or 5 years imprisonment or both. 133 Grant of cremation authorisation (1) A cemetery trust must not grant a cremation authorisation unless the trust is satisfied that the requirements of this Division have been met in relation to that application. S. 133(2) amended by No. 77/2008 s. 129(Sch. 2 item 4.4). (2) If section 139 applies, a cemetery trust must not grant a cremation authorisation without a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person. Division 3—Approvals by Secretary 134 Secretary may grant cremation approval (1) The Secretary may grant an approval for the cremation of bodily remains at a crematorium in a public cemetery if the requirements of section 131(3)(a) to (d) cannot be met due to special circumstances.
(a) a registered medical practitioner who treated the person to whom the body part belonged; or (b) a registered medical practitioner of the hospital where the person to whom the body part belonged was treated; or S. 151(3)(c) substituted by No. 77/2008 s. 129(Sch. 2 item 4.10). (c) a coroner; or (d) a person or class of person prescribed for the purposes of this section. 152 Grant of authorisation (1) A cemetery trust must not grant an authorisation under section 150 unless the cemetery trust is satisfied that the requirements of this Division have been met in relation to the application for the authorisation. (2) An authorisation under section 150 may be granted on such terms and conditions as the cemetery trust thinks fit. 153 Offence to inter body parts in public cemetery without authority A person must not inter body parts or assist in the interment of body parts in a public cemetery unless the cemetery trust has authorised the interment under this Act. Penalty: 20 penalty units.