(1)  In this Act, unless the contrary intention appears –

Aboriginal cremation means the cremation of an Aboriginal person, within the meaning of the Aboriginal Lands Act 1995 , that is performed in accordance with Aboriginal custom on Aboriginal land;

Aboriginal land has the same meaning as in the Aboriginal Lands Act 1995 ;

approved form means a form approved by the regulator;

authorised officer includes –

(a) a regulator; and

(b) a State Service employee who is authorised in writing by the regulator, or the Director of Public Health, as an authorised officer for the purposes of this Act; and

(c) an officer or employee of a council who is authorised, in writing by the council, as an authorised officer for the purposes of this Act; and

(d) a police officer; and

(e) a person, or class of persons, prescribed as an authorised officer;

cemetery means –

(a) a place that has been –

(i) approved, under the Land Use Planning and Approvals Act 1993 , for the interment of human remains; and

(ii) lawfully used for the interment or placement of human remains; or

(b) a place that is, or was, lawfully used for the interment or placement of human remains; or

(c) a place, land or structure, or a class of places, land or structures, prescribed as a cemetery –

but does not include any land on which there is an interment permitted under section 29 ;

cemetery manager, in relation to a cemetery, means the person –

(a) approved under this Act to manage the cemetery; or

(b) deemed, under this Act, to be the cemetery manager for the cemetery;

closed cemetery – see section 4 ;

contravene includes fail to comply with;

council means a council established under section 18 of the Local Government Act 1993 ;

cremated remains means the remains that are the result of the cremation of human remains;

cremation means the reduction of human remains –

(a) to ash by a process involving the application of heat or flame, or by any other means approved by the Minister having the administration of the Public Health Act 1997 ; or

(b) by a prescribed means;

crematorium means premises that have been approved, under the Land Use Planning and Approvals Act 1993 , for the purpose of cremations and includes any other premises that, immediately before the commencement of this definition, were approved for that purpose under the Burial and Cremation Act 2002 ;

crematorium manager, in relation to a crematorium, means the person approved under this Act to manage the crematorium;

Director of Local Government means the Director within the meaning of the Local Government Act 1993 ;

Director of Public Health means the person appointed as the Director of Public Health under the Public Health Act 1997 ;

environmental health officer means an environmental health officer appointed under section 10 or 11 of the Public Health Act 1997 ;

exclusive right of burial means an exclusive right of burial referred to in section 41 ;

exhumation means the removal of human remains from where the remains are interred but does not include the reopening of a place where human remains are interred if the human remains are not removed from that place;

fit and proper, in relation to a person – see section 5 ;

human remains means –

(a) the body of a deceased person and includes a part of a body of a deceased person; or

(b) a detached part of a person who is not deceased –

but does not include cremated remains;

interment includes –

(a) the burial of human remains, or cremated remains, in the ground; and

(b) the placement of human remains, or cremated remains, as mentioned in section 8(2) ; and

(c) the placement of human remains, or cremated remains, as prescribed;

mausoleum means a structure –

(a) that is designed to hold one or more vaults for the interment of human remains that have not been cremated; and

(b) in which at least one vault (excluding a memorial attached to the vault) is wholly above the surface of the ground or protrudes at least 150 millimetres above the surface of the ground;

monument includes a tombstone, plaque, tablet, cenotaph, columbarium and any other structure or object –

(a) that is located in a cemetery and –

(i) is intended to commemorate a deceased person; or

(ii) contains human remains or cremated remains; or

(b) that –

(i) is located in a place that is, or has previously been, open for public access; and

(ii) contains human remains, or cremated remains;

offer for sale includes display, or expose, for sale;

plot includes a place in a mausoleum that is set aside for the placement of human remains;

regulated business means a business for –

(a) the handling, storage or transport of human remains; or

(b) the preparation of human remains for interment or cremation –

but does not include such a business that is carried on –

(c) in accordance with the Anatomical Examinations Act 2006 ; or

(d) in connection with a hospital or nursing home; or

(e) as incidental to the donation of human remains;

regulator – see section 9 ;

relevant organisation means –

(a) in relation to a cemetery manager, the cemetery that the cemetery manager is approved to manage; or

(b) in relation to a crematorium manager, the crematorium that the crematorium manager is approved to manage; or

(c) in relation to a person approved to carry on a regulated business, the regulated business;

religious or cultural practice means a rite or practice pertaining to religious or cultural ceremonies relating to the mourning process, including interment and cremation of human remains, or a similar ceremony approved by the Director of Public Health;

sell includes any of the following, whether by wholesale or retail:

(a) barter or exchange;

(b) deal in or agree to sell;

(c) offer for sale;

(d) supply for, in expectation of receiving, payment or consideration;

(e) receive for sale;

(f) dispose of by way of raffle, lottery or other game of chance;

(g) offer as a gift, other than to offer as a gift to a religious or cultural group in accordance with this Act;

(h) offer as a prize or reward;

(i) give away for any purpose;

senior next of kin – see section 6 ;

spouse includes the other party to a significant relationship, within the meaning of the Relationships Act 2003 .

(2)  A reference in this Act to a council is to be read as a reference to the council of the municipal area in which –

(a) a crematorium or cemetery is situated or proposed to be situated; or

(b) it is proposed to inter human remains as mentioned in section 29 .