Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of Aboriginal ancestral remains inserted by No. 11/2016 s. 136.
Aboriginal ancestral remains has the same meaning as in the Aboriginal Heritage Act 2006 ;
S. 3(1) def. of affected person inserted by No. 16/2021 s. 4.
affected person has the meaning given by section 84A(1);
"authorised officer" means a person appointed as an authorised officer under Part 13;
"bodily remains" means a corpse of a human being, including a corpse of a still-born child but does not include—
(a) body parts; or
"body parts" means human tissue or a part of a person where that tissue or part is not part of a corpse and includes foetal remains which are not a still-born child;
"building for ceremonies" means a building, chapel or other place of worship or commemoration for the use of a particular faith, religion or cultural group;
S. 3(1) def. of cemetery trust substituted by No. 61/2009 s. 4(2).
"cemetery trust" means a cemetery trust established under Part 2 and includes a Class A cemetery trust and a Class B cemetery trust;
S. 3(1) def. of cemetery trust fee substituted by No. 61/2009 s. 26(b).
"cemetery trust fee" means a fee or charge or scale of fees and charges set under section 39 and either—
(a) approved under section 40; or
(b) exempt under section 40A from approval under section 40;
"cemetery trust rules" means rules made by a cemetery trust under section 26;
S. 3(1) def. of Class A cemetery trust inserted by No. 61/2009 s. 4(1).
"Class A cemetery trust" means a cemetery trust established as a Class A cemetery trust under Part 2 or Schedule 4 or converted under Schedule 3;
S. 3(1) def. of Class B cemetery trust inserted by No. 61/2009 s. 4(1).
"Class B cemetery trust" means a cemetery trust other than a Class A cemetery trust;
"closed cemetery" means a cemetery or part of a cemetery to which an order under section 62 applies;
S. 3(1) def. of community advisory committee inserted by No. 61/2009 s. 4(1).
"community advisory committee" means an advisory committee established by a Class A cemetery trust under section 18D;
S. 3(1) def. of community advisory committee guidelines inserted by No. 61/2009 s. 4(1).
"community advisory committee guidelines" means guidelines made by the Secretary under section 18G;
S. 3(1) def. of conversion order inserted by No. 61/2009 s. 4(1).
"conversion order" means an order made under section 9A ;
"cremated human remains" means—
(a) a corpse of a human being (including a corpse of a still-born child) which has been cremated in a crematorium;
(b) body parts which have been cremated in a crematorium;
"cremation approval" means an approval to cremate bodily remains at a crematorium in a public cemetery granted by the Secretary under section 134;
"cremation authorisation" means an authorisation to cremate bodily remains granted by a cemetery trust under section 133;
"crematorium" means a building or structure fitted with appliances for the purposes of cremating bodily remains;
S. 3(1) def. of domestic partner inserted by No. 4/2015 s. 4(2).
"domestic partner "of a person means—
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
"exhumation licence" means a licence to exhume or remove human remains granted by the Secretary under Part 12;
S. 3(1) def. of family member inserted by No. 4/2015 s. 4(2).
"family member", in relation to a deceased identified veteran, means—
(a) a spouse or domestic partner of the deceased identified veteran; or
(b) a child of the deceased identified veteran, including a stepchild or an adopted child; or
(c) a parent of the deceased identified veteran;
S. 3(1) def. of fees and charges guidelines inserted by No. 61/2009 s. 26(a).
"fees and charges guidelines" means guidelines made under section 42A;
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 1.1).
"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 1.1).
"film permit" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of governance committee inserted by No. 61/2009 s. 4(1).
"governance committee" means a governance committee established by a Class A cemetery trust under section 18B;
"human remains" means—
(a) bodily remains;
(c) body parts;
S. 3(1) def. of indictable offence inserted by No. 16/2021 s. 4.
indictable offence has the meaning given by section 84A(1) ;
"interment" means the interring, burial or placing of human remains in a place of interment and, in relation to cremated human remains, includes the interment of those remains whether or not the remains are enclosed in a receptacle;
"interment approval" means an approval granted by the Secretary under Part 8 to inter bodily remains in a place other than a public cemetery;
"interment authorisation" means an authorisation granted by a cemetery trust under Part 8 to inter bodily remains in a public cemetery for which the cemetery trust is responsible;
"lift and re-position procedure" means the procedure described in section 90;
S. 3(1) def. of listed Class B cemetery trust inserted by No. 61/2009 s. 4(1).
"listed Class B cemetery trust" means a Class B cemetery trust included on a list prepared by the Secretary under section 18K;
"memorial" means a monument, tombstone, headstone, ledger, cenotaph, plaque or other method of memorialising a deceased person where that memorial is within a public cemetery;
"model rules" means model rules made in accordance with section 25 ;
S. 3(1) def. of municipal council amended by No. 9/2020 s. 390(Sch. 1 item 13.1).
"municipal council" means a Council within the meaning of the Local Government Act 2020 ;
"place of interment" means a grave, vault, mausoleum, niche wall or any other structure or plot used for the interment of human remains;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 14.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of previous holder inserted by No. 16/2021 s. 4.
"previous holder", of a right of interment that is forced to be surrendered under section 84C(2), (3) or (5), has the meaning given by section 84A(1);
"public grave" means a grave for multiple interments in which more than one person may be interred and in respect of which more than one person may be granted a right of interment that permits one interment only and no re-use of the grave by the holder of the right of interment;
S. 3(1) def. of registered medical practitioner substituted by No. 97/2005 s. 182(Sch. 4 item 7), amended by No. 13/2010 s. 51(Sch item 9).
"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of relevant offender inserted by No. 16/2021 s. 4.
relevant offender has the meaning given by section 84A(1) ;
S. 3(1) def. of responsible person inserted by No. 16/2021 s. 4.
"responsible person", in relation to another person's death, has the meaning given by section 84A(2);
"right of interment" means a right of interment granted by a cemetery trust in accordance with Part 6;
S. 3(1) def. of Secretary substituted by No. 29/2010 s. 50(1).
"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health;
S. 3(1) def. of spouse inserted by No. 4/2015 s. 4(2).
"spouse "of a person means a person to whom that person is married;
"still-born child" has the same meaning as it has in the Births, Deaths and Marriages Registration Act 1996 ;
S. 3(1) def. of transfer amended by No. 4/2015 s. 4(1).
"transfer", in relation to a right of interment, means—
(a) sale; or
(b) gift; or
(c) bequest in a will; or
(d) other assignment;
S. 3(1) def. of veteran inserted by No. 4/2015 s. 4(2).
"veteran" means a person who has performed service or duty within the meaning of the Veterans Act 2005 .
S. 3(2) amended by Nos 108/2004 s. 117(1) (Sch. 3 item 27.1), 29/2010 s. 50(2).
(2) If under the Public Administration Act 2004 the name of the Department of Health is changed, a reference in the definition of Secretary in subsection (1) to that Department must, from the date that the name is changed, be treated as a reference to the Department by its new name.
S. 3(3) inserted by No. 4/2015 s. 4(3).
(3) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person only because they are co-tenants.
S. 3A inserted by No. 51/2014 s. 9(Sch. 2 item 1.2).