Australian Capital Territory Numbered Acts

CEMETERIES AND CREMATORIA ACT 2020 (NO. 7 OF 2020) - SECT 52

    (1)     The licensee of a facility (the transferor ) may apply to the regulator to transfer the licence to operate the facility to another person (the transferee ).

    (2)     The application must be in writing and include the following information:

        (a)     the name and contact details of the transferor;

        (b)     the unique identifying number of the licence;

        (c)     the name of the facility;

        (d)     the unique identifying number of the facility;

        (e)     the facility plan;

        (f)     the name and contact details of the transferee;

        (g)     a statement about the knowledge and experience of the transferee relevant to operating the facility;

        (h)     a statement about how the transferee will, when operating the facility—

              (i)     demonstrate respect for the diversity of people's religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and

              (ii)     implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility;

              (i)     the reason for the transfer of the licence;

        (j)     anything else prescribed by regulation.

Note     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

    (3)     The regulator must—

        (a)     accept the application; or

        (b)     refuse the application.

    (4)     The regulator may refuse to consider the application further if it is not in accordance with subsection (2).

    (5)     The regulator may accept the application only if satisfied that—

        (a)     the transferee has the appropriate level of knowledge and experience relevant to operating the facility; and

        (b)     the transferee will, when operating the facility—

              (i)     demonstrate respect for the diversity of people's religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and

              (ii)     implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility; and

        (c)     the transferee is likely to comply with the requirements of this Act.

    (6)     The regulator may refuse the application if the regulator believes on reasonable grounds that—

        (a)     the application contains information that is materially false or misleading; or

        (b)     the transferee is not a suitable person.

    (7)     If the regulator accepts the application, the regulator must—

        (a)     tell the transferor and the transferee, in writing, that the transfer is approved; and

        (b)     give to the transferee the licence stating—

              (i)     the name and address of the facility; and

              (ii)     the name of the licensee; and

              (iii)     a unique identifying number for the facility and licence; and

              (iv)     the facility plan; and

              (v)     the term of the licence; and

              (vi)     any conditions on the licence; and

              (vii)     anything else prescribed by regulation.

    (8)     If the regulator refuses the application, the regulator must tell the transferor, in writing, the reasons for the refusal.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.