South Australian Current Acts

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ADELAIDE CEMETERIES AUTHORITY ACT 2001 - SECT 8

8—Special provisions relating to Authority's powers

        (1)         The Authority may not acquire a cemetery or part of a cemetery, or establish a cemetery, without the written approval of the Minister.

        (2)         The Authority may grant a right for burial purposes for any term or in perpetuity.

        (3)         The Authority must not disturb or interfere with a grave within the area delineated and marked Jewish Granted MEM. No. 443 Bk. 42 on the plan of West Terrace Cemetery in Schedule 1 without the written approval of the Board, the Trustees, or the Chief Minister, of the Adelaide Hebrew Congregation Inc.

        (4)         The Authority must not, without the approval of the Minister, use for any other purpose a portion of an Authority cemetery set apart (before or after the commencement of this subsection) for the burial or other disposal—

            (a)         of persons of particular religious denominations; or

            (b)         of members or former members of an arm of the Defence Forces of Australia or of the naval, military or air force of some other country.

        (5)         The Authority must not prevent or interfere with the performance of a ceremony according to the usage of a person's religion in connection with the burial or other disposal of the person's remains.

        (6)         The Authority must allow a minister of a religious denomination for which a portion of an Authority cemetery is set apart to have free access and admission to that portion of the cemetery at all times in order to exercise his or her functions as a minister.

        (7)         The Authority's charter under the Public Corporations Act 1993 must contain specific limitations on the Authority's activities designed to prevent the Authority, through its control of access to Authority cemeteries, from unduly restricting competition in the provision of funeral, floral, monument making or other services, or the supply of goods.



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