Queensland Consolidated Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 2003 - SECT 32

32 Notifying about disposal of a deceased person’s body

(1) This section does not apply to—

(a) a school of anatomy when disposing of a human body, or a part of the body, that was given to it; or

Note—

Note section 41 (6) (Registering events other than adoptions or changes of parentage in register) requires particular notice to be given about receipt by a school of anatomy of a human body in particular circumstances.

(b) the disposal of parts of a human body taken during a medical procedure or autopsy.

(2) Each of the following persons must give the registrar notice, in the approved form, within 7 days after the disposal of a human body—

(a) the person who arranges the disposal of the body;

Example for paragraph (a)—

a funeral director

(b) the person in charge of a cemetery or crematorium in which the disposal of the body occurs.

Penalty—

Maximum penalty—20 penalty units.

(3) A person who arranges for the body of a deceased person to be moved outside Queensland must give the registrar notice in the approved form before moving the body outside Queensland.

Penalty—

Maximum penalty—20 penalty units.

(4) Subsections (2) and (3) apply even if a coroner has made—

(a) an order for removal of the body out of the State under the Coroners Act 1958 , section 20 ; or

(b) an order for burial or a certificate for cremation under the Coroners Act 1958 , section 23 ; or

(c) an order releasing the body for burial, or for release of the body to another jurisdiction, under the Coroners Act 2003 , section 26 .

(5) If the body of a deceased person has not been disposed of within 30 days after—

(a) a cause of death certificate is issued; or

(b) the coroner made—

(i) an order for removal of the body out of the State under the Coroners Act 1958 , section 20 ; or

(ii) an order for burial or a certificate for cremation under the Coroners Act 1958 , section 23 ; or

(iii) an order releasing the body for burial, or for release of the body to another jurisdiction, under the Coroners Act 2003 , section 26 ;

the person who possesses the body must immediately give the registrar notice in the approved form.

Penalty—

Maximum penalty—20 penalty units.

(6) For subsection (2) (b) , if the cemetery or crematorium is in Queensland, the person must give the notice electronically unless the registrar reasonably considers—

(a) it would be impractical to do so because the crematorium or cemetery is located in an area that does not allow for giving the notice electronically; or

(b) other exceptional circumstances do not allow for giving the notice electronically.

(7) The registrar may accept a notice under subsection (2) , (3) or (5) at any time.

(8) In this section—

"coroner" means a coroner under the Coroners Act 1958 or the Coroners Act 2003 .