Queensland Consolidated Acts

CREMATIONS ACT 2003 - SECT 8

8 Objections to cremation

(1) This section does not apply if the deceased person has left signed instructions that his or her human remains be cremated.

(2) A coroner or independent doctor must not issue a permission to cremate if the coroner or independent doctor is aware that any of the following persons object to the cremation—

(a) a spouse, adult child or parent of the deceased person;

(b) a personal representative of the deceased person.

(3) The person in charge of a crematorium must not allow a deceased person’s human remains to be cremated at the crematorium if the person in charge is aware that any of the following persons object to the cremation—

(a) a spouse, adult child or parent of the deceased person;

(b) a personal representative of the deceased person.

Penalty—

Maximum penalty—100 penalty units.

(4) Subsection (3) applies even if the person in charge has received a permission to cremate.

(5) This section overrides the common law to the extent that it qualifies a personal representative’s right to decide how to dispose of the deceased person’s human remains.