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CREMATIONS ACT 2003 - SECT 11
Dealing with ashes
11 Dealing with ashes
(1) After a cremation, the person in charge of a crematorium— (a) must label
the ashes in accordance with the requirements prescribed under a regulation;
and
(b) must not dispose of the ashes except in accordance with any
reasonable written instructions of the applicant.
Penalty— Maximum
penalty—80 penalty units.
(2) However, the person in charge may bury the
ashes in a burial ground if, within 1 year after the cremation, the applicant
does not give reasonable written instructions for the disposal of the ashes.
(3) Before burying the ashes, the person in charge must give the applicant at
least 28 days written notice of intention to bury the ashes. Penalty—
Maximum penalty—80 penalty units.
(4) The notice must be sent to the
applicant at the applicant’s address for service on the permission to
cremate.
(5) This section overrides the common law to the extent that it
qualifies the personal representative’s right to decide how to dispose of
the deceased person’s human remains.
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