Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies to a facility operated by the authority.
(2) The Minister may make a declaration closing the facility to further applications under any 1 or more of the following sections:
(a) section 8 (Right to burial);
(b) unless the deceased person has a right to burial at the time of the application for burial—section 17 (Burial at cemetery—application);
(c) section 9 (Right to interment);
(d) unless the deceased person has a right to interment at the time of application for interment—section 30 (Interment—application).
(3) However, the Minister may make a declaration under subsection (2) only if the Minister is satisfied that—
(a) either—
(i) the authority has fulfilled each right to burial or right to interment at the facility; or
(ii) the authority will be able to fulfil each right to burial or right to interment at the facility even if the facility is closed; and
(b) if a right to burial or right to interment has been given but not exercised at the facility and the authority will not be able to fulfil the right—the authority has revoked the right under section 12 (Right to burial or interment—notice about end of term and revoking right); and
(c) any other requirements prescribed by regulation in relation to the application or closure has been met.
Note The Territory is responsible for the maintenance of a facility after it is closed (see s 112A).
(4) A declaration under subsection (2) is a notifiable instrument.
9 New part 21
insert
Part 21 Transitional—Cemeteries and Crematoria Amendment Act 2024