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HEALTH LEGISLATION (MISCELLANEOUS AMENDMENTS) ACT 2005 (NO 42 OF 2005) - SECT 6

Application for exhumation licence

After section 156(2) of the Cemeteries and Crematoria Act 2003 insert

    "(3)     An application for an exhumation licence must also be accompanied by one of the following—

        (a)     a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 ;

        (b)     a certificate in the form prescribed under section 23 of the Coroners Act 1985 ;

        (c)     if the deceased died in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the deceased died;

        (d)     if the licence is for a stillborn child—

              (i)     a notice of still-birth under the Births, Deaths and Marriages Registration Act 1996 ; or

              (ii)     if the still-birth occurred in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice of still-birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the still-birth occurred;

        (e)     a statutory declaration made by the applicant         stating that owing to special circumstances, it is not possible to produce the required documents referred to in paragraph (a), (c) or (d).".



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