New South Wales Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2013 - SECT 31

31 Regulations relating to establishment of interment industry schemes

(1) The regulations may establish schemes for or with respect to the interment industry (
"interment industry schemes" ).

(2) Without limiting subsection (1), the regulations establishing an interment industry scheme may make provision for or with respect to the following--

(a) requiring compliance with any or all provisions of a code of practice (a
"mandatory code of practice requirement" ),

(b) requiring an operator of a cemetery to ensure adequate provision is made for perpetual care of interment sites and the cemetery,

(c) requiring the licensing of any activity, person, business, premises, vehicle or equipment in relation to the provision of interment services,

(d) the imposition of conditions on licences,

(e) the suspension or cancellation of licences,

(f) appeals, or reviews, by courts, tribunals and other bodies or persons of decisions made under the regulations in relation to licences or applications for the granting of licences,

(g) setting fees and charges that are necessary for the funding of the scheme.

(3) A person must comply with any requirement of an interment industry scheme that applies to the person.

Maximum civil penalty: the amount specified in the interment industry scheme not exceeding $27,500.

(4) A regulation may be made under subsection (1) only--

(a) with the concurrence of the Minister administering the Public Health Act 2010 --if it impacts on an aspect of the disposal and handling of human remains (including the cremation of such remains) regulated by or under that Act, and

(b) with the concurrence of the Minister administering the Funeral Funds Act 1979 --if it impacts on an aspect of the operation of funeral funds regulated by or under that Act, and

(c) with the concurrence of the Minister administering the Fair Trading Act 1987 --if it impacts on an aspect of the supply of funeral goods and services for the arrangement and conduct of a funeral regulated by or under that Act.