Victorian Current Acts

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Offensive conduct involving human remains

    (1)     A person (A) commits an offence if—

        (a)     A intentionally engages in conduct involving human remains; and

        (b)     the conduct is offensive.

    (2)     A person who commits an offence against subsection (1) is liable to level 7 imprisonment (2 years maximum).

    (3)     An offence against subsection (1) is a summary offence.

    (4)     For the purposes of subsection (1), conduct is offensive if, in all the circumstances, it is likely to arouse significant anger, resentment, outrage, disgust or repulsion in the minds of reasonable persons.

    (5)     In this section—

"human remains" has the same meaning as in the Cemeteries and Crematoria Act 2003 .


1     Exceptions apply to this offence—see section 34BD.

2     A mistaken but honest and reasonable belief that the conduct was not offensive is not a defence to this offence—see section 34BE.

S. 34BC inserted by No. 47/2016 s. 3.

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