Tasmanian Numbered Acts

BURIAL AND CREMATION ACT 2019 (NO. 50 OF 2019) - Act 50 of 2019 - Royal Assent 13 December 2019

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Meaning of closed cemetery
   5.      Meaning of fit and proper
   6.      Meaning of senior next of kin
   7.      Crown to be bound
   8.      Application and non-application of Act

   PART 2 - Administration

           Division 1 - Regulator

   9.      Regulator
   10.     Regulator may issue exemptions
   11.     Regulator may accept partial compliance in certain circumstances
   12.     Regulator may delegate
   13.     Regulator may issue directions
   14.     Regulator to keep register
   15.     Extension of certain periods relating to applications determined by regulator

           Division 2 - Authorised officers

   16.     Powers of authorised officers to enter premises
   17.     Collection of evidence by authorised officers
   18.     Retention of records, &c., by authorised officers
   19.     Authorised officers not to impede business

           Division 3 - General

   20.     Director of Public Health may issue directions
   21.     Director of Public Health may delegate

   PART 3 - Handling of Human Remains

           Division 1 - General

   22.     Notifications of death
   23.     Unlawful disposal of human remains
   24.     Handling of human remains

           Division 2 - Regulated businesses

   25.     Person must be approved to carry on regulated business
   26.     Approval to carry on regulated business
   27.     Carrying on regulated business

           Division 3 - Other handling of human remains

   28.     Use of land for Aboriginal cremations
   29.     Interment of human remains otherwise than in cemetery
   30.     Exhumation of human remains
   31.     Reopening of interments

   PART 4 - Cemeteries

           Division 1 - Cemetery managers

   32.     Approval of persons as cemetery manager
   33.     Cemetery managers to hold cemeteries in trust
   34.     Duties and powers of cemetery managers
   35.     Religious and cultural ceremonies and original distributions
   36.     Cemetery managers to ensure application of revenue of cemeteries
   37.     Owner of land taken to be cemetery manager in certain circumstances

           Division 2 - Cemeteries generally

   38.     Interments within cemeteries
   39.     Monuments, &c.
   40.     Removal of certain monuments in cemeteries
   41.     Exclusive rights of burial
   42.     Notifications of possible cemeteries

           Division 3 - New cemeteries

   43.     Approval required to establish new cemeteries
   44.     Application to establish new cemeteries
   45.     Approval of new cemeteries
   46.     Refusal to approve new cemeteries
   47.     Notification of decision to not establish new cemeteries
   48.     Notification of first interments at new cemeteries

           Division 4 - Sale of cemeteriesSubdivision 1 - General

   49.     Interpretation
   50.     Person must not sell cemetery without approval
   51.     Person must not purchase cemetery without approval
   52.     Notification of intention to sell cemetery
   53.     Audit required of cemetery proposed to be sold
   54.     Application for certificate of compliance in respect of proposed sale
   55.     Certificate of compliance
   56.     Refusal to issue certificate of compliance
   57.     Notification of decision to not sell cemetery
   58.     Cemetery disclosure document
   59.     Implied term in contract of sale for cemetery
   60.     Contract continues in certain circumstances
   61.     Notification to regulator of sale of cemetery
   62.     Effect of sale of cemetery

           Division 5 - Closure of cemeteries

   63.     Closure of cemeteries for reasons of public health or public safety
   64.     Intention of cemetery manager to close cemetery
   65.     Approval or refusal to approve closure of cemetery
   66.     Effect of closure of cemetery
   67.     Exclusive rights in closed cemetery
   68.     Approval required to take certain actions in closed cemeteries
   69.     Performance of certain actions in closed cemeteries
   70.     Removal of human remains, monuments, &c., in closed cemeteries
   71.     Regulator may reduce certain time frames in respect of closed cemeteries

           Division 6 - Land ceases to be cemetery

   72.     Certain land ceases to be cemetery
   73.     Declaration that land is not cemetery

   PART 5 - Crematoria and Cremated Remains

           Division 1 - Crematorium managers

   74.     Person must be approved to manage crematorium
   75.     Approval to manage crematorium
   76.     Duties and powers of crematorium managers

           Division 2 - Crematoria generally

   77.     Power to establish crematoria
   78.     Equipment and apparatus
   79.     Identification of deceased persons before cremation
   80.     Access to crematoria
   81.     Religious and cultural ceremonies
   82.     Closure of crematoria for reasons of public health or public safety
   83.     Duties of crematorium managers on closure of crematoria

           Division 3 - Cremated remains

   84.     Monuments containing cremated remains
   85.     Exclusive rights to all or part of monument
   86.     Closure of monument

   PART 6 - Miscellaneous

   87.     Compliance with Act
   88.     Liability of body corporates
   89.     Liability of owners of places, land or structures
   90.     False or misleading information
   91.     Failure to comply with conditions
   92.     Obstruction of authorised officers
   93.     Orders preventing management of certain organisations
   94.     Infringement notice offences
   95.     Regulations
   96.     Savings and transitional provisions
   97.     Administration of Act
   98.     Legislation repealed
           SCHEDULE 1
           SCHEDULE 2