Australian Capital Territory Current Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 37

    (1)     If a funeral director or someone else arranges for the disposal of human remains in the ACT, the person must, within 7 days after the day the remains are disposed, give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:

        (a)     the name and last home address of the deceased person;

        (b)     if the death was reported to a coroner—that fact;

        (c)     where and how the remains were disposed of;

        (d)     any other information required by regulation.

Maximum penalty: 5 penalty units.

Note     For how documents may be served, see the Legislation Act

, pt 19.5.

    (2)     If a funeral director or someone else arranges for human remains (other than cremated remains) to be removed from the ACT, the person must, within 28 days after the day the remains are disposed of outside the ACT, give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:

        (a)     the name and last home address of the deceased person;

        (b)     if the death was reported to a coroner—that fact;

        (c)     where and how the remains were disposed of;

        (d)     any other information required by regulation.

Maximum penalty: 50 penalty units.

    (3)     If a funeral director or someone else has the custody of human remains that have not been disposed of within 30 days after the day of the death, the person must give the registrar-general a written statement containing as much of the following information as the person knows or can reasonably find out:

        (a)     the name and last home address of the deceased person;

        (b)     if the death was reported to a coroner—that fact;

        (c)     any other information required by regulation.

Maximum penalty: 10 penalty units

    (4)     An offence against this section is a strict liability offence.

    (5)     In this section:

"disposal", in relation to human remains, means—

        (a)     cremation; or

        (b)     burial, including burial at sea; or

        (c)     placing the remains in a mausoleum or other permanent resting place; or

        (d)     placing the remains in the custody of an educational or scientific institution for the purpose of medical education or research; or

        (e)     removal from the ACT, unless the remains have been cremated.

"funeral director" means a person who carries on the business of arranging for the disposal of human remains.

"human remains "includes the remains of a stillborn child.