Cemeteries and Crematoria Act 2020 (ACT)
Cemeteries and Crematoria Act 2020
A2020-7
Republication No 5
Effective: 24 August 2025
Republication date: 24 August 2025
Last amendment made by A2025‑13
(republication for expiry of transitional provisions (pt 20))
About this republication
The republished law
This is a republication of the Cemeteries and Crematoria Act 2020 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 August 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 24 August 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Cemeteries and Crematoria Act 2020
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Object of Act 3
Part 2 Right to burial or interment
7 Meaning of death certificate—pt 2 4
8 Right to burial 4
9 Right to interment 6
10 Right to burial and right to interment—transfer 8
11 Right to burial and right to interment—term 9
12 Right to burial or interment—notice about end of term and revoking right 10
Part 3 Burial, cremation, interment or exhumation
Division 3.1 Definition
13 Meaning of certification document—pt 3 13
Division 3.2 Transporting human remains
14 Offence—transporting human remains 14
Division 3.3 Burial
Subdivision 3.3.1 Burial other than at cemetery
15 Burial other than at cemetery—application 14
16 Offences—burial other than at cemetery 15
Subdivision 3.3.2 Burial at cemetery
17 Burial at cemetery—application 16
18 Offence—burial at cemetery 18
19 Offence—refusal or interference with burial activities related to religion, cultural group etc 19
20 Offence—burial to conceal offence 20
21 Burial—term 20
Division 3.4 Cremation
22 Cremation—application 20
23 Cremation—2 or more people at same time 22
24 Minister or magistrate may prohibit cremation 24
25 Offence—collection of cremated remains 24
26 Offence—cremation other than at crematorium 25
27 Offences—cremation at crematorium 26
28 Offence—refusal or interference with cremation activities related to religion, cultural group etc 27
29 Offence—cremation to conceal offence 27
Division 3.5 Interment
30 Interment—application 28
31 Offence—interment 29
32 Offence—refusal or interference with interment activities related to religion, cultural group etc 30
33 Interment—term 30
Division 3.6 Disinterment
34 Disinterment—application 31
35 Disinterment—approval by regulator 32
36 Offence—disinterment 33
Division 3.7 Exhumation
37 Exhumation—application 34
38 Offences—exhumation 35
Division 3.8 Miscellaneous
39 Approved container or wrapping—application 36
40 Burial or cremation without certification document 37
41 Medical referee—appointment 38
42 Offences—doctor’s certificate 39
43 Requirements for transportation, burial or cremation in coffin etc 40
Part 4 Operating facility
Division 4.1 Offences—general
44 Offence—damage to facility property 41
45 Offence—operating facility without licence 41
46 Offence—operating facility not in accordance with licence 42
47 Offences—failure to maintain facility 42
Division 4.2 Licence to operate facility
48 Meaning of suitable person—div 4.2 43
49 Licence—application 43
50 Licence—term 46
51 Licence—amendment 46
52 Licence—transfer 48
53 Licence—surrender 51
54 Closing facility—application 51
55 Application—request for information 53
56 Offences—failure to update information in application 54
57 Offence—failure to update information 55
Division 4.3 Regulator’s register—licence
58 Register of licences 56
Division 4.4 Licensee’s operating procedures, register and records
Subdivision 4.4.1 Standard operating procedures
59 Standard cemetery operating procedures 57
60 Standard crematorium operating procedures 59
61 Standard facility operating procedures 60
Subdivision 4.4.2 Licensee registers
62 Register—right to burial and right to interment 61
63 Register—burial, cremation, interment etc 62
63A Register—cremation collections 64
64 Offences—keeping registers 64
Subdivision 4.4.3 Licensee records
65 Facility records—burial, cremation, interment etc 65
66 Offences—failing to keep records 66
67 Offences—auditing records 67
68 Offence—transferring records 68
Part 5 Regulatory action
Division 5.1 Disciplinary action
69 Definitions—div 5.1 69
70 Immediate suspension of licence—danger to public health 70
71 Disciplinary action—no immediate danger to public health 71
72 Amended or suspended licence—action by regulator 72
Division 5.2 Directions
73 Direction to stop contravening Act or condition 73
74 Offence—direction 73
Division 5.3 Enforceable undertakings
75 Enforceable undertaking for offence 74
76 Enforceable undertaking—withdrawal or amendment 75
77 Ending enforceable undertaking 76
78 Undertaking not admission of fault or liability 76
79 Enforceable undertaking—contravention 77
80 Enforceable undertaking—effect on other proceedings 77
81 Enforceable undertakings—register 77
Part 6 Enforcement
Division 6.1 Definitions
82 Definitions—pt 6 79
Division 6.2 Authorised people
83 Authorised person—appointment 80
84 Identity cards 80
85 Authorised person must show identity card 81
86 Power to enter premises 81
87 Consent to entry 83
88 General powers on entry to premises 84
89 Power to seize things 84
90 Direction to give name and address 86
91 Offence—fail to comply with direction to give name and address 87
Division 6.3 Search warrants
92 Warrants—generally 87
93 Warrants—application other than in person 89
94 Warrants—announcement before entry 90
95 Details of warrant to be given to occupier etc 91
96 Occupier entitled to be present during search etc 91
97 Receipt for things seized 92
98 Moving things to another place 92
99 Access to things seized 93
100 Return of things seized 94
101 Damage etc to be minimised 95
102 Compensation for exercise of enforcement powers 95
Part 7 Perpetual care trusts
103 Authority perpetual care trust—establishment 97
104 Licensee perpetual care trust—establishment 97
105 Determination of trustee 98
106 Determination of perpetual care trust percentage 98
107 Perpetual care trust percentage—requesting information and documents 99
108 Perpetual care trust—licensee receipt 99
109 Offence—failure to give perpetual care trust percentage 100
110 Offence—protection of perpetual care trust 100
111 Perpetual care trust—records 101
112 Perpetual care trust—dissolution 102
Part 7A Maintenance of closed facilities
112A Territory responsible for maintenance of closed facilities 103
Part 8 Cemeteries and crematoria authority
113 Establishment of authority 104
114 Functions of authority 104
115 Approval to operate facility 105
116 Authority taken to be licensee 105
116A Minister may make declaration closing authority operated facility 105
117 Establishment of governing board 107
118 Governing board members 107
118A Chief executive officer of authority 107
118B Authority’s staff 107
119 Ministerial directions to authority 108
Part 9 Regulator
120 Regulator—appointment 109
121 Regulator—functions 109
122 Delegation 110
Part 10 Codes of practice
123 Code of practice—approval 111
124 Failure to comply with code of practice 111
Part 11 Notification and review of decisions
125 Definitions—pt 11 113
126 Reviewable decision notices 113
127 Applications for review 113
Part 12 Miscellaneous
128 Determination of fees 114
129 Protection from liability 114
130 Regulation-making power 115
Part 21 Transitional—Cemeteries and Crematoria Amendment Act 2024
215 Continuation of perpetual care trusts 116
216 Expiry—pt 21 116
Schedule 1 Reviewable decisions 117
Dictionary118
Endnotes
1 About the endnotes 123
2 Abbreviation key 123
3 Legislation history 124
4 Amendment history 125
5 Earlier republications 128
6 Expired transitional or validating provisions 129
Cemeteries and Crematoria Act 2020
An Act about cemeteries and crematoria, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Cemeteries and Crematoria Act 2020.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘stillborn child—see the Births, Deaths and Marriages Registration Act 1997, dictionary.’ means that the term ‘stillborn child’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
N for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Object of Act
(1)The main object of this Act is to provide a financially sustainable model for the management of cemeteries and crematoria that recognises, and provides for, the diverse needs of the community.
(2)This is achieved particularly by—
(a)recognising the rights of people to the dignified and respectful treatment of their human remains and the human remains of their loved ones; and
(b)respecting the diverse burial, cremation and interment practices, cultural practices and religious beliefs of people; and
(c)promoting financially sustainable facilities and practices for burying and cremating human remains and interring cremated remains.
Part 2Right to burial or interment
Meaning of death certificate—pt 2
In this part:
death certificate means—
(a)the notice of death of a deceased person issued under the Births, Deaths and Marriages Registration Act 1997, section 35 (1); or
(b)a certificate under the Coroners Act 1997, section 16 (Release of body); or
(c)if a deceased person died outside of the Territory, a document that—
(i)is issued or given under a law of the place where the person died; and
(ii)corresponds to a notice mentioned in paragraph (a) or a certificate mentioned in paragraph (b).
Right to burial
(1)A person may apply to the licensee of a cemetery for a right to burial of human remains at the cemetery.
(2)The application must be in writing and include the following:
(a)the name and contact details of the person;
(b)the date of the application;
(c)the kind of burial site at the cemetery sought;
(d)the preferred burial area at the cemetery (if any);
(e)anything else prescribed by regulation.
(3)The licensee of the cemetery must—
(a)accept the application; or
(b)refuse the application.
(4)The licensee may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The licensee may accept the application only if the licensee is satisfied that, at the time the right to burial will be exercised for the first time—
(a)a burial site will be available at the cemetery; and
(b)if the person applied for—
(i)a kind of burial site at the cemetery—a burial site of that kind will be available at the cemetery; and
(ii)a right to burial in a particular area of the cemetery—a burial site will be available in the area of the cemetery.
(6)If the licensee accepts the application, the licensee must give the person a document, in writing, including the following information (a right to burial certificate):
(a)the name and location of the cemetery;
(b)the unique identifying number for—
(i)the right to burial certificate; and
(ii)the licensee of the cemetery;
(c)the day the right is given;
(d)if the application was for a kind of burial site at the cemetery—the kind of burial site;
(e)if the application was for a particular area of the cemetery—the area;
(f)any other information prescribed by regulation.
(7)The licensee must give the person—
(a)the facility plan for the cemetery; and
(b)a statement to the effect that, if a right to burial under the certificate has not been exercised within 60 years after the day the right is given, the right will end; and
(c)anything else prescribed by regulation.
Right to interment
(1)A person may apply to the licensee of a facility for a right to interment of cremated remains at the facility.
(2)The application must be in writing and include the following:
(a)the name and contact details of the person;
(b)the kind of interment site sought at the facility;
(c)the preferred interment area at the facility (if any);
(d)anything else prescribed by regulation.
(3)The licensee of the facility must—
(a)accept the application; or
(b)refuse the application.
(4)The licensee may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The licensee may accept the application only if the licensee is satisfied that at the time the right will be exercised for the first time—
(a)an interment site will be available at the facility; and
(b)if the person applied for—
(i)a kind of interment site at the facility—the interment site will be of the kind applied for; and
(ii)an interment site in a particular area of the facility—an interment site will be available in the area.
(6)If the licensee accepts the application, the licensee must give the person a document, in writing, containing the following information (a right to interment certificate):
(a)the name and location of the facility;
(b)the unique identifying number for—
(i)the right to interment certificate; and
(ii)the licensee of the facility;
(c)the day the right is given;
(d)if the application is for a kind of interment site at the facility—the kind of interment site;
(e)if the application is for a particular area of the facility—the area;
(f)any other information prescribed by regulation.
(7)The licensee of the facility must give the person—
(a)the facility plan for the facility; and
(b)a statement to the effect that if the person does not exercise the right within 60 years after the day the right is given, the right will cease; and
(c)anything else prescribed by regulation.
Right to burial and right to interment—transfer
(1)A person who has a right to burial at a cemetery or a right to interment at a facility may apply to transfer the right to another person.
(2)The application must—
(a)be made to the licensee—
(i)for a right to burial—of the cemetery; or
(ii)for a right to interment—of the facility; and
(b)be in writing and include the following information:
(i)the name and contact details of the person applying to transfer the right (the transferor);
(ii)a copy of the right to burial certificate or right to interment certificate for the right;
(iii)the name and contact details of the person to whom the right is to be transferred (the transferee) and a statement that the transferee agrees to the right being transferred to them;
(iv)anything else prescribed by regulation.
(3)The licensee must—
(a)accept the application; or
(b)refuse the application.
(4)The licensee may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The licensee may accept the application only if satisfied that a right under the right to burial certificate or right to interment certificate has not been exercised.
(6)If the licensee of a facility accepts an application , the licensee must—
(a)attach a written amendment to the right to burial certificate or right to interment certificate stating—
(i)the name and contact details of the transferor; and
(ii)the name and contact details of the transferee; and
(iii)the period remaining in the term of the right; and
(iv)anything else prescribed by regulation; and
(b)tell the transferor, in writing—
(i)that the licensee is transferring the right to the transferee; and
(ii)the day of the transfer; and
(c)tell the transferee, in writing, that the right has been transferred to them and give the transferee a copy of—
(i)for a right to burial—the right to burial certificate; and
(ii)for a right to interment—the right to interment certificate; and
(iii)the written amendment of the certificate mentioned in paragraph (a).
Right to burial and right to interment—term
(1)A right to burial of human remains at a cemetery—
(a)starts on the day the licensee of the cemetery gives a right to burial certificate to the person who applied for the right under section 8; and
(b)ends—
(i)for a right to burial of 1 person—when the person is buried in accordance with the right; or
(ii)for a right to burial of 2 or more people—when all the people have been buried in accordance with the right; or
(iii)if the right has not been exercised—60 years after the right is given.
NoteThe term of a burial is in perpetuity (see s 21).
(2)A right to interment of cremated remains at a facility—
(a)starts on the day the licensee of the facility gives a right to interment certificate to the person who applied for the right under section 9; and
(b)if the right has not been exercised—ends 60 years after the day the right is given.
NoteThe term of the interment of cremated remains is in perpetuity unless the remains are disinterred in accordance with this Act (see s 33).
Right to burial or interment—notice about end of term and revoking right
(1)This section applies—
(a)to the licensee of a cemetery if—
(i)a right to burial certificate has been given in relation to the cemetery; and
(ii)a right under the certificate has not been exercised; and
(iii)58 years have passed since the certificate was given; and
(b)to the licensee of a facility if—
(i)a right to interment certificate has been given in relation to the facility; and
(ii)a right under the certificate has not been exercised; and
(iii)58 years have passed since the certificate was given.
(2)The licensee must take all reasonable steps—
(a)to contact the right holder and tell them the right will end in 2 years (the notice period); and
(b)if the licensee becomes aware that the right holder is deceased—to contact a descendant of the right holder to tell them that the right will end at the end of the notice period.
(3)If the licensee takes the steps mentioned in subsection (2) but is unable to contact the right holder or their descendant 4 weeks before the end of the notice period, the licensee must give public notice that the right will be revoked at the end of the notice period.
(4)If the licensee gives public notice in accordance with subsection (3), and the licensee is not contacted by the right holder or a descendant of the right holder, the licensee may revoke the right at the end of the notice period.
(5)If, within the notice period, the right holder or a descendant of the right holder contacts the licensee about the right, the right holder or descendant may—
(a)retain the right for the remaining period of the term of the right; or
(b)forfeit the right to the licensee for half the fee for an equivalent right until the forfeiture occurs.
(6)If the licensee revokes the right in accordance with subsection (4) and the right holder or a descendant of the right holder applies to the licensee to exercise the right after it has been revoked, the licensee must give the right holder or descendant—
(a)an equivalent right at the cemetery or facility; or
(b)half the fee for the equivalent right at the time the right holder or descendant makes the application to exercise the right.
(7)In this section:
right holder means—
(a)for a right to burial—
(i)the person who was given the right under section 8; or
(ii)if the right has been transferred to another person under section 10—the person to whom the right to burial was transferred; and
(b)for a right to interment—
(i)the person who was given the right under section 9; or
(ii)if the right has been transferred to another person under section 10—the person to whom the right was transferred.
Part 3Burial, cremation, interment or exhumation
Division 3.1 Definition
Meaning of certification document—pt 3
In this part:
certification document, for the human remains of a deceased person, means—
(a)a notice of death for the deceased person issued under the Births, Deaths and Marriages Registration Act 1997, section 35 (1); or
(b)if the human remains are of a stillborn child—a certificate under the Births, Deaths and Marriages Registration Act 1997, section 35 (1); or
(c)a certificate under the Coroners Act 1997, section 16 (Release of body); or
(d)if the human remains are of a deceased person who died outside the Territory, a document—
(i)issued or given under the law of the place where the person died; and
(ii)that corresponds to a certificate mentioned in paragraph (a), (b) or (c).
Division 3.2 Transporting human remains
Offence—transporting human remains
(1)A person commits an offence if—
(a)the person transports human remains; and
(b)the human remains are not in an acceptable container or acceptable wrapping.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Division 3.3 Burial
Subdivision 3.3.1 Burial other than at cemetery
Burial other than at cemetery—application
(1)A person may apply to the regulator for permission to bury human remains at a place other than a cemetery.
(2)The application must be in writing and include the following information and documents:
(a)the name and contact details of the person;
(b)the name of the deceased person whose human remains will be buried;
(c)the address of the place where the burial will take place;
(d)anything else prescribed by regulation;
(e)either—
(i)a certification document for the human remains; or
(ii)an approval under section 40 (Burial or cremation without certification document);
(f)if the human remains are fetal remains—a statement signed by a doctor, nurse or midwife stating that the remains are fetal remains and there is no reason why the remains should not be buried.
(3)The regulator must—
(a)permit the burial; or
(b)refuse to permit the burial.
(4)The regulator may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The regulator may permit the burial only if satisfied that it would not be contrary to the interests of public health.
(6)The permission must be in writing and may be subject to conditions.
(7)If the regulator refuses the application, the regulator must tell the person, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Offences—burial other than at cemetery
(1)A person commits an offence if—
(a)the person buries human remains other than at a cemetery; and
(b)the person does not have permission under section 15.
Maximum penalty: 100 penalty units.
(2)A person commits an offence if—
(a)the person has permission to bury human remains other than at a cemetery under section 15; and
(b)the person does not bury the human remains in accordance with the permission.
Maximum penalty: 100 penalty units.
(3)A person commits an offence if—
(a)the person has permission to bury human remains other than at a cemetery under section 15; and
(b)the permission is subject to a condition; and
(c)the person does not comply with the condition.
Maximum penalty: 100 penalty units.
Subdivision 3.3.2 Burial at cemetery
Burial at cemetery—application
(1)A person may apply to the licensee of a cemetery for human remains to be buried at the cemetery.
(2)The application must be in writing and include—
(a)the name and contact details of the person; and
(b)the name of the deceased person whose human remains are to be buried and their—
(i)date of birth (if known); and
(ii)date of death (if known); and
(c)if the deceased person has a right to burial at the cemetery—a copy of the right to burial certificate for the person; and
(d)if the deceased person does not have a right to burial at the cemetery—an application under section 8; and
(e)a statement about whether the deceased person will be buried in an acceptable container or acceptable wrapping; and
(f)if the deceased person will be buried in a container or wrapping approved under section 39—a copy of the approval; and
(g)either—
(i)a certification document for the human remains; or
(ii)an approval under section 40 (Burial or cremation without certification document); and
(h)if the human remains are fetal remains—a statement signed by a doctor, nurse or midwife stating that the remains are fetal remains and there is no reason why the remains should not be buried.
(3)The licensee must—
(a)accept the application; or
(b)refuse the application.
(4)The licensee may refuse to consider the application further if it is not in accordance with subsection (2).
(5)If the deceased person has a right to burial at the cemetery, the licensee must accept the application.
(6)If the deceased person does not have a right to burial at the cemetery—the licensee may only accept the application if the licensee gives a right of burial certificate for the deceased person.
(7)If the licensee agrees to the burial, the licensee must—
(a)schedule a day and time for the burial; and
(b)allocate a burial site that—
(i)is on the facility plan for the cemetery; and
(ii)is a kind of burial site and in the burial area mentioned on the right to burial certificate covering the deceased person; and
(c)tell the person, in writing, of the licensee’s agreement to the burial, including the day and time of the scheduled burial; and
(d)allocate a unique identifying number for the burial; and
(e)give the person the unique identifying number in writing.
(8)If the licensee does not agree to the burial, the licensee must tell the person in writing.
(9)If an undertaker or funeral director is acting for, or on behalf of, a person, information that must be given to the person under this section may instead be given to the undertaker or funeral director.
Offence—burial at cemetery
(1)A person commits an offence if the person—
(a)is the licensee of a cemetery; and
(b)buries human remains at the cemetery; and
(c)fails to comply with a requirement mentioned in subsection (2).
Maximum penalty: 50 penalty units.
(2)For subsection (1) (c), the requirements are that—
(a)the human remains must be contained in an acceptable container or acceptable wrapping; and
(b)the person must have either of the following for the human remains:
(i)a certification document;
(ii)an approval given under section 40 (Burial or cremation without certification document); and
(c)if the human remains are buried in a vault—the person must have a written statement from the person who transported the remains to the cemetery stating that the human remains—
(i)have been embalmed; and
(ii)are in a sealed corrosion resistant container; and
(d)the human remains must be buried in accordance with the following:
(i)the minimum standards for the burial of human remains prescribed by regulation;
(ii)the standard operating procedures for the cemetery;
(iii)if a code of practice applies to the burial or the cemetery—the code of practice;
(iv)anything else prescribed by regulation.
(3)An offence against this section is a strict liability offence.
Offence—refusal or interference with burial activities related to religion, cultural group etc
A person commits an offence if—
(a)the person is the licensee of a cemetery; and
(b)the person buries human remains at the cemetery; and
(c)the deceased person whose human remains are buried, or a family member of the deceased person, requests or carries out activities for the burial that are—
(i)related to the deceased person’s religion, cultural group or other special category; and
Examples—other special category
babies, children or members of the Australian Defence Force
(ii)reasonable in the circumstances; and
(d)the person refuses the request, or interferes with the activities being carried out.
Maximum penalty: 50 penalty units.
Offence—burial to conceal offence
A person commits an offence if the person buries human remains to conceal the commission of an offence.
Maximum penalty: 1 000 penalty units, imprisonment for 5 years or both.
Burial—term
The term of the burial of human remains at a cemetery—
(a)starts on the day the human remains are buried; and
(b)continues in perpetuity.
Division 3.4 Cremation
Cremation—application
(1)A person may apply to the licensee of a crematorium for the cremation of human remains at the crematorium.
(2)The application must be in writing and include—
(a)the name and contact details of the person; and
(b)the name of the deceased person whose human remains will be cremated and their—
(i)date of birth (if known); and
(ii)date of death (if known); and
(c)a statement about whether the deceased person has left directions that their remains not be cremated; and
(d)a statement about whether the deceased person will be in an acceptable container or acceptable wrapping; and
(e)either—
(i)a certification document; or
(ii)an approval under section 40 (Burial or cremation without certification document); and
(f)a certificate from a medical referee stating that there is no medical reason why the human remains should not be cremated; and
(g)if the human remains are fetal remains—a statement signed by a doctor, nurse or midwife stating that the remains are human remains and there is no reason why the remains should not be cremated; and
(h)if the application is for the cremation of 2 or more people at the same time—an approval under section 23.
(3)The licensee must—
(a)accept the application; or
(b)refuse the application.
(4)The licensee may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The licensee may accept the application only if satisfied that—
(a)the deceased person did not leave directions that their human remains should not be cremated; and
(b)the cremation has not been prohibited under section 24; and
(c)the container for the cremation of the human remains is an acceptable container or acceptable wrapping.
(6)If the licensee agrees to the cremation, the licensee must—
(a)schedule a day and time for the cremation; and
(b)tell the person, in writing, of the licensee’s agreement to cremate the human remains, including the day of the scheduled cremation; and
(c)allocate a unique identifying number for the cremation; and
(d)give the person the unique identifying number in writing.
(7)If the licensee refuses the application, the licensee must tell the person in writing.
(8)If an undertaker or funeral director is acting for, or on behalf of, a person, information that must be given to the person under this section may instead be given to the undertaker or funeral director.
Cremation—2 or more people at same time
(1)A person may apply to the regulator for approval to cremate the human remains of 2 or more people at the same time.
(2)The application must be in writing and include—
(a)the name and contact details of the person; and
(b)the name of each deceased person whose human remains are to be cremated; and
(c)a statement about whether any of the deceased people have left directions that their remains not be cremated; and
(d)for each deceased person—either—
(i)a certification document; or
(ii)an approval under section 40 (Burial or cremation without certification document); and
(e)a certificate from a medical referee stating that there is no medical reason why the human remains should not be cremated; and
(f)if the human remains are fetal remains—a statement signed by a doctor, nurse or midwife stating that the remains are human remains and there is no reason why the remains should not be cremated; and
(g)a statement about why it is appropriate to cremate the people at the same time.
Example—appropriate
two people who are family members and died at the same time
(3)The regulator must—
(a)accept the application; or
(b)refuse the application.
(4)The regulator may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The regulator may accept the application if the regulator is satisfied that allowing the people to be cremated at the same time is reasonable in the circumstances.
(6)If the regulator refuses the application, the regulator must tell the person, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Minister or magistrate may prohibit cremation
(1)The Minister or a magistrate may prohibit the cremation of human remains at a crematorium.
(2)The Minister or magistrate may prohibit the cremation only if satisfied that the cremation would—
(a)be reasonably likely to be dangerous; or
(b)create a health or safety risk; or
(c)hinder an investigation under a territory law.
(3)The prohibition must be in writing and given to the licensee of the crematorium.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
Offence—collection of cremated remains
(1)A person commits an offence if—
(a)the person is the licensee of a crematorium; and
(b)human remains are cremated at the crematorium; and
(c)the person does not do the things mentioned in table 25, column 3 for an item in accordance with the timeframe mentioned in the table, column 2 for the item; and
(d)3 years have not passed since the day the human remains were cremated; and
(e)the person disposes of the cremated remains.
Maximum penalty: 50 penalty units.
(2)In this section:
applicant means the person who applied for the human remains to be cremated under section 22.
suitable person means a person who is—
(a)a family member of the deceased person whose human remains were cremated; and
(b)over 16 years of age.
Table 25
| column 1 item | column 2 timeframe | column 3 things |
| 1 | up to 1 year after the day of the cremation | tell the applicant that the cremated remains are available to be collected |
| 2 | on and after 1 year from the day of the cremation | make the cremated remains available to a suitable person |
| 3 | when 2 years has passed from the day of the cremation | (a) on at least 2 occasions, contact the last known telephone number of the applicant or a suitable person requesting collection of the cremated remains (b) write to the last known postal or email address of the applicant or a suitable person requesting collection of the cremated remains |
Offence—cremation other than at crematorium
A person commits an offence if the person cremates human remains other than at a crematorium.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Offences—cremation at crematorium
(1)A person commits an offence if the person—
(a)is the licensee of a crematorium; and
(b)cremates human remains at the crematorium; and
(c)fails to meet a requirement mentioned in subsection (2).
Maximum penalty: 50 penalty units.
(2)For subsection (1) (c), the requirements are that—
(a)the human remains must be contained in an acceptable container or acceptable wrapping; and
(b)the cremation of the human remains is not prohibited under section 24 (Minister or magistrate may prohibit cremation); and
(c)the human remains are cremated in accordance with the following:
(i)the minimum standards for the cremation of human remains prescribed by regulation;
(ii)the standard operating procedures for the crematorium;
(iii)if a code of practice applies to the cremation or the crematorium—the code of practice;
(iv)anything else prescribed by regulation.
Maximum penalty: 50 penalty units.
(3)It is a defence to a prosecution for an offence against subsection (1) if the chief health officer has given a public health direction, in writing, under the Public Health Act 1997 that requires the cremation of the remains in a way that does not satisfy some or all of the requirements.
(4)An offence against this section is a strict liability offence.
Offence—refusal or interference with cremation activities related to religion, cultural group etc
A person commits an offence if—
(a)the person is the licensee of a crematorium; and
(b)the person cremates human remains at the crematorium; and
(c)the deceased person whose human remains are cremated, or a family member of the deceased person, requests or carries out at the crematorium activities for the cremation that are—
(i)related to the deceased person’s religion, cultural group or other special category; and
Examples—other special category
babies, children or members of the Australian Defence Force
(ii)reasonable in the circumstances; and
(d)the person refuses the request, or interferes with the activities being carried out.
Maximum penalty: 50 penalty units.
Offence—cremation to conceal offence
A person commits an offence if the person cremates human remains to conceal the commission of an offence.
Maximum penalty: 1 000 penalty units, imprisonment for 5 years or both.
Division 3.5 Interment
Interment—application
(1)A person may apply to the licensee of a facility for the interment of cremated remains at the facility.
(2)The application must be in writing and include—
(a)the name and contact details of the person; and
(b)the name of the deceased person whose cremated remains will be interred in the interment site and their—
(i)date of birth (if known); and
(ii)date of death (if known); and
(c)if the deceased person has a right to interment of cremated remains at the facility—a copy of the certificate of right to interment; and
(d)if the deceased person does not have a right to interment of cremated remains at the facility—an application under section 9.
(3)The licensee must—
(a)accept the application; or
(b)refuse the application.
(4)The licensee may refuse to consider the application further if it is not in accordance with subsection (2).
(5)If the deceased person has a right to interment at the facility, the licensee must agree to the interment.
(6)If the deceased person does not have a right to interment at the facility—the licensee may only accept the application if the licensee gives a right of interment certificate for the deceased person.
(7)If the licensee agrees to the interment, the licensee must—
(a)allocate an interment site that—
(i)is on the facility plan for the facility; and
(ii)is a kind of interment site and in the interment area mentioned on the right of interment certificate; and
(b)allocate a unique identifying number for the interment; and
(c)tell the person, in writing, of the licensee’s agreement to the interment, including—
(i)the day and time of the scheduled burial; and
(ii)the unique identifying number for the interment.
(8)If the licensee does not agree to the interment, the licensee must tell the person in writing.
Offence—interment
(1)A person commits an offence if—
(a)the person is the licensee of a facility; and
(b)the person inters cremated remains at the facility; and
(c)the interment is not in accordance with any of the following:
(i)the minimum standards for the interment of cremated remains prescribed by regulation;
(ii)the standard operating procedures for the facility;
(iii)if a code of practice applies to the interment or the facility—the code of practice;
(iv)anything else prescribed by regulation.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Offence—refusal or interference with interment activities related to religion, cultural group etc
A person commits an offence if—
(a)the person is the licensee of a facility; and
(b)the person inters cremated remains at the facility; and
(c)the deceased person whose cremated remains are interred, or a family member of the deceased person, requests or carries out at the facility activities for the interment that are—
(i)related to the deceased person’s religion, cultural group or other special category; and
Examples—other special category
babies, children or members of the Australian Defence Force
(ii)reasonable in the circumstances; and
(d)the person refuses the request, or interferes with the activities being carried out.
Maximum penalty: 50 penalty units.
Interment—term
The term of the interment of cremated remains at a facility starts on the day the remains are interred and ends on the earlier of—
(a)if the remains are disinterred from the site in accordance with section 34 or section 35—the day the remains are disinterred; or
(b)continues in perpetuity.
Division 3.6 Disinterment
Disinterment—application
(1)A person may apply to the licensee of a facility for the disinterment of cremated remains from an interment site at the facility.
(2)The application must be in writing and include—
(a)the name and contact details of the person; and
(b)the name of the deceased person whose cremated remains will be disinterred; and
(c)the relationship of the person to the person whose cremated remains will be disinterred; and
(d)a copy of the right to interment certificate for the deceased person.
(3)The licensee must—
(a)accept the application; or
(b)refuse the application.
(4)The licensee may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The licensee may agree to the disinterment of the cremated remains only if satisfied that the person is a family member of the deceased person and is over the age of 16.
(6)If the licensee agrees to the disinterment of cremated remains from a burial site at the facility, the licensee must tell the person, in writing—
(a)the unique identifying number for the disinterment; and
(b)the date after which the cremated remains will be available for collection; and
(c)anything else prescribed by regulation.
Disinterment—approval by regulator
(1)This section applies if the licensee of a facility intends to disinter cremated remains from an interment site at the facility on the licensee’s own initiative.
(2)The licensee may apply to the regulator for approval of the disinterment of cremated remains from the site.
(3)The application must be in writing and include the following information:
(a)the unique identifying number of the facility;
(b)the unique identifying number of the site from which the cremated remains will be interred;
(c)the name of the deceased person whose cremated remains are interred in the site;
(d)the purpose of disinterring the cremated remains from the site;
(e)anything else prescribed by regulation.
(4)The regulator must—
(a)accept the application; or
(b)refuse the application.
(5)The regulator may refuse to consider the application further if it is not in accordance with subsection (3).
(6)The regulator may approve the disinterment only if satisfied that—
(a)the cremated remains will be dealt with appropriately, with care and are not at risk of being mismanaged or lost; and
(b)the licensee has appropriate practices and procedures to avoid—
(i)misplacing the cremated remains; or
(ii)damaging any container or memorialisation relating to the cremated remains; and
(c)the licensee intends—
(i)to relocate the cremated remains to another interment site in the facility; or
(ii)to store the cremated remains at the facility; or
(iii)to give the cremated remains of the deceased person whose human remains are interred to a person who the licensee is satisfied is a family member of the deceased person and over the age of 16.
(7)If the regulator refuses the application, the regulator must tell the licensee, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Offence—disinterment
A person commits an offence if—
(a)the person is the licensee of a facility; and
(b)the person disinters cremated remains from an interment site at the facility; and
(c)either—
(i)the licensee has not agreed to an application under section 34; or
(ii)the regulator has not approved the disinterment under section 35; and
(d)the disinterment is not in accordance with—
(i)the minimum standards for the disinterment of cremated remains prescribed by regulation; and
(ii)the standard operating procedures for a facility; and
(iii)if a code of practice applies to the disinterment or the facility—the code of practice; and
(iv)anything else prescribed by regulation.
Maximum penalty: 50 penalty units.
Division 3.7 Exhumation
Exhumation—application
(1)A person may apply to the chief health officer for authorisation to exhume human remains.
(2)The application must—
(a)be in writing; and
(b)include anything else prescribed by regulation.
(3)The chief health officer must—
(a)accept the application; or
(b)refuse the application.
(4)The chief health officer may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The chief health officer may—
(a)authorise the exhumation only if satisfied that it would not be contrary to the interests of public health; and
(b)impose conditions on the authorisation.
(6)If the chief health officer authorises the exhumation, the chief health officer must tell the person, in writing—
(a)that the exhumation is authorised; and
(b)any conditions applying to the authorisation.
(7)If the chief health officer refuses the application, the chief health officer must tell the person, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Offences—exhumation
(1)A person commits an offence if—
(a)the person exhumes human remains; and
(b)the person is not authorised to exhume the human remains—
(i)by a warrant under the Coroners Act 1997 authorising the exhumation; or
(ii)by the regulator given under section 37.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(2)A person commits an offence if—
(a)the regulator authorises the exhumation of human remains under section 37; and
(b)the authorisation is subject to a condition; and
(c)the person exhumes the human remains; and
(d)the person does not comply with the condition.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
(3)Subsection (1) does not apply if—
(a)the licensee exhumes human remains from a burial site at the cemetery; and
(b)the sole purpose of exhuming the human remains is to enable the burial in the site of the human remains of a deceased person who has a right to burial in the same site as the deceased person whose human remains are exhumed.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Division 3.8 Miscellaneous
Approved container or wrapping—application
(1)The chief health officer may, in writing, approve—
(a)a container other than a coffin or eco-coffin as suitable for transporting, burying or cremating human remains; or
(b)a wrapping other than a shroud as suitable for transporting, burying or cremating human remains.
(2)The chief health officer may approve the container or wrapping—
(a)at the officer’s own initiative; or
(b)on application made under subsection (3).
(3)A person may apply to the chief health officer for approval of a container or wrapping for transporting, burying or cremating human remains.
(4)The application must be in writing and include anything else prescribed by regulation.
(5)The chief health officer must—
(a)accept the application; or
(b)refuse the application.
(6)The chief health officer may refuse to consider the application further if it is not in accordance with subsection (4).
(7)The chief health officer may approve a container or wrapping only if satisfied—
(a)that transporting, burying or cremating human remains in the container or wrapping is not contrary to public health; and
(b)of anything else prescribed by regulation.
(8)The approval may be subject to conditions.
(9)If the chief health officer refuses the application, the chief health officer must tell the person, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(10)An approval under subsection (2) (a) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Burial or cremation without certification document
(1)The regulator may approve the burial or cremation of human remains without a certification document.
(2)A person may apply to the regulator for approval of the burial or cremation of human remains of a deceased person without a certification document.
(3)The application must be in writing and include—
(a)the name and contact details of the person; and
(b)the name of the deceased person; and
(c)an explanation of why there is no certification document for the deceased person; and
(d)a description of the measures the person has taken to obtain a certification document for the deceased person.
(4)The regulator must—
(a)accept the application; or
(b)refuse the application.
(5)The regulator may refuse to consider the application further if it is not in accordance with subsection (3).
(6)The regulator may accept the application only if satisfied that it is impracticable to obtain a certification document for the human remains.
(7)If the regulator refuses the application, the regulator must tell the person, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Medical referee—appointment
(1)The regulator may appoint a person as a medical referee.
(2)The person must be a doctor who has been a doctor for a continuous period of at least 5 years before the day the regulator appoints the person as a medical referee.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Offences—doctor’s certificate
(1)A person commits an offence if—
(a)the coroner must hold an inquest into the manner and cause of death of a deceased person under the Coroners Act 1997; and
(b)the person—
(i)is a doctor; and
(ii)gives a certificate about the death of the deceased person under a territory law.
Maximum penalty: 10 penalty units.
NoteThe Coroners Act 1997, s 13 states when a coroner must hold an inquest into the manner and cause of death of a person.
(2)A person commits an offence if the person—
(a)is a doctor; and
(b)gives a certificate about the death of a deceased person under a territory law; and
(c)knows that—
(i)the person has a financial interest in the deceased person’s death under a life insurance policy; or
(ii)the person has a right or expectancy to property of any kind on the deceased person’s death.
Maximum penalty: 50 penalty units.
(3)In this section:
doctor includes a doctor who is a medical referee.
Requirements for transportation, burial or cremation in coffin etc
(1)The chief health officer may determine requirements for the transportation, burial or cremation of human remains in any of the following kind of container or wrapping:
(a)a coffin;
(b)an eco-coffin;
(c)a shroud.
(2)The chief health officer must be satisfied the requirement is in the interests of public health.
(3)A determination is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Part 4Operating facility
Division 4.1 Offences—general
Offence—damage to facility property
(1)A person commits an offence if the person damages or disturbs property at a facility.
Maximum penalty: 10 penalty units.
(2)Subsection (1) does not apply to—
(a)something done at the facility by the licensee of the facility—
(i)to reasonably maintain the facility; or
(ii)to ensure the safety of people at the facility; or
(b)damage or disturbance of property at the facility resulting from the exhumation of human remains authorised by—
(i)a warrant under the Coroners Act 1997 authorising the exhumation; or
(ii)written permission of the regulator given under section 37 (Exhumation—application).
Offence—operating facility without licence
A person commits an offence if—
(a)the person operates a facility; and
(b)the person is not the licensee of the facility.
Maximum penalty: 100 penalty units, imprisonment for 12 months or both.
Offence—operating facility not in accordance with licence
(1)A person commits an offence if the person—
(a)is the licensee of a facility; and
(b)has been given a licence to operate the facility under division 4.2; and
(c)does not operate the facility in accordance with the licence.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Offences—failure to maintain facility
(1)A person commits an offence if the person—
(a)is the licensee of a facility; and
(b)does not maintain the facility.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if the person—
(a)is the licensee of a facility; and
(b)does not keep the facility clean and tidy.
Maximum penalty: 50 penalty units.
(3)In this section:
facility does not include any of the following:
(a)a monument, headstone, gravestone or other memorial on a burial site or interment site;
(b)a memorial to a deceased person that is not attached to a burial site or interment site.
Division 4.2 Licence to operate facility
Meaning of suitable persondiv 4.2—
In this division:
suitable person, for an application under this division, means a person who—
(a)has not, within 2 years before the application is made, committed an offence under this Act or a corresponding law of a State; and
(b)is not, and has not been within the 5 years before the application—
(i)bankrupt or personally insolvent; or
(ii)involved in the management of a corporation when the corporation was insolvent.
Note 1Bankrupt or personally insolvent—see the Legislation Act, dict, pt 1.
Note 2State includes the Northern Territory (see Legislation Act, dict, pt 1).
Licence—application
(1)A person may apply to the regulator for a licence to operate a facility.
(2)The application must be in writing and include the following information:
(a)the name and contact details of the person;
(b)the name and address of the facility;
(c)whether the facility is a cemetery, a crematorium or both;
(d)the facility plan;
(e)a statement about the knowledge and experience the person has relevant to operating the facility;
(f)a statement about how the person will, when operating the facility—
(i)demonstrate respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and
(ii)implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility;
(g)anything else prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)The regulator must—
(a)accept the application; or
(b)refuse the application.
(4)The regulator may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The regulator may accept the application only if the regulator is satisfied that—
(a)the person has the appropriate level of knowledge and experience relevant to operating the facility; and
(b)the person will, when operating the facility—
(i)demonstrate respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and
(ii)implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility; and
(c)the person is likely to comply with the requirements of this Act.
(6)The regulator may refuse the application if the regulator believes on reasonable grounds—
(a)that the application contains information that is materially false or misleading; or
(b)the person is not a suitable person to operate the facility.
(7)The regulator may give the licence subject to conditions.
(8)If the regulator accepts the application, the regulator must tell the person, in writing, that the application is accepted and give the person a licence to operate the facility stating—
(a)the name and address of the facility; and
(b)the name and contact details of the licensee; and
(c)the unique identifying number for the facility and the licence; and
(d)any conditions on the licence; and
(e)anything else prescribed by regulation.
(9)If the regulator refuses the application, the regulator must tell the person, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Licence—term
A licence to operate a facility starts on the day after the day this licence fee is paid and ends on the earlier of—
(a)if the licence is surrendered under section 53—the day the surrender takes effect; and
(b)if the licence is cancelled under division 5.1 (Disciplinary action)—the day the cancellation takes effect.
Licence—amendment
(1)The licensee of a facility may apply to the regulator to amend the licence to operate the facility.
(2)The application must be in writing and include the following information:
(a)the name and contact details of the licensee;
(b)the unique identifying number of the facility and licence;
(c)a description of the proposed amendment;
(d)the reason for the proposed amendment;
(e)a statement about how the proposed amendment is consistent with—
(i)demonstrating respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and
(ii)implementing financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility;
(f)anything else prescribed by regulation.
(3)The regulator must—
(a)accept the application; or
(b)refuse the application.
(4)The regulator may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The regulator may accept the application only if satisfied that—
(a)the proposed amendment is consistent with the licensee—
(i)demonstrating respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and
(ii)implementing financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility; and
(b)the licensee has complied, and is likely to continue to comply, with the requirements of this Act.
(6)The regulator may refuse the application if the regulator believes on reasonable grounds that—
(a)the application contains information that is materially false or misleading; or
(b)the person is not a suitable person to operate the facility; or
(c)the person has failed to comply with this Act.
(7)The regulator may accept the application subject to conditions.
(8)If the regulator accepts the application, the regulator must—
(a)allocate a unique identifying number for the amendment; and
(b)tell the licensee, in writing, that the application is accepted and give the licensee a written document stating the following:
(i)the name and address of the facility;
(ii)the name and contact details of the licensee;
(iii)the unique identifying number for the facility, licence and amendment;
(iv)any conditions imposed on the licence as a result of the amendment.
(9)If the regulator refuses the application, the regulator must tell the licensee, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Licence—transfer
(1)The licensee of a facility (the transferor) may apply to the regulator to transfer the licence to operate the facility to another person (the transferee).
(2)The application must be in writing and include the following information:
(a)the name and contact details of the transferor;
(b)the unique identifying number of the licence;
(c)the name of the facility;
(d)the unique identifying number of the facility;
(e)the facility plan;
(f)the name and contact details of the transferee;
(g)a statement about the knowledge and experience of the transferee relevant to operating the facility;
(h)a statement about how the transferee will, when operating the facility—
(i)demonstrate respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and
(ii)implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility;
(i)the reason for the transfer of the licence;
(j)anything else prescribed by regulation.
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
(3)The regulator must—
(a)accept the application; or
(b)refuse the application.
(4)The regulator may refuse to consider the application further if it is not in accordance with subsection (2).
(5)The regulator may accept the application only if satisfied that—
(a)the transferee has the appropriate level of knowledge and experience relevant to operating the facility; and
(b)the transferee will, when operating the facility—
(i)demonstrate respect for the diversity of people’s religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and
(ii)implement financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility; and
(c)the transferee is likely to comply with the requirements of this Act.
(6)The regulator may refuse the application if the regulator believes on reasonable grounds that—
(a)the application contains information that is materially false or misleading; or
(b)the transferee is not a suitable person.
(7)If the regulator accepts the application, the regulator must—
(a)tell the transferor and the transferee, in writing, that the transfer is approved; and
(b)give to the transferee the licence stating—
(i)the name and address of the facility; and
(ii)the name of the licensee; and
(iii)a unique identifying number for the facility and licence; and
(iv)the facility plan; and
(v)the term of the licence; and
(vi)any conditions on the licence; and
(vii)anything else prescribed by regulation.
(8)If the regulator refuses the application, the regulator must tell the transferor, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Licence—surrender
(1)A licensee may surrender a licence to operate a facility to the regulator by giving the regulator notice of the licensee’s intention to surrender the licence.
(2)The notice must be in writing and include the following information:
(a)the name of the licensee;
(b)the unique identifier for the licence;
(c)the day on which the surrender notice is given to the regulator;
(d)the reason the licensee is surrendering the licence.
(3)The licensee may nominate a day, on or after the day the surrender notice is given to the regulator, on which the surrender of the licence takes effect.
(4)The surrender of a licence takes effect on the earlier of—
(a)28 days after the day the licensee gives the surrender notice to the regulator; and
(b)the day nominated by the licensee.
Closing facility—application
(1)The regulator may approve the licensee of a facility closing the facility to further applications under any 1 or more of the following sections:
(a)section 8 (Right to burial);
(b)unless the deceased person has a right to burial at the time of the application for burial—section 17 (Burial at cemetery—application);
(c)section 9 (Right to interment);
(d)unless the deceased person has a right to interment at the time of application for interment—section 30 (Interment—application).
(2)The licensee of a facility may apply to the regulator to close the facility.
(3)The application must be in writing and contain the following information and documents:
(a)the name and contact details of the licensee;
(b)the unique identifying number of the licence and facility;
(c)a statement about why the licensee wants to close the facility;
(d)an up-to-date map of the facility showing each site in which a right to burial or right to interment has been exercised;
(e)information about the number of sites at the facility at which a right to burial or right to interment has not been exercised;
(f)for each right of burial or right of interment that has been given but not exercised at the facility—
(i) the number and kind of rights given but not exercised; and
(ii)a copy of each right to burial certificate or right to interment certificate;
(g)anything else prescribed by regulation.
(4)The regulator must—
(a)accept the application; or
(b)refuse the application.
(5)The regulator may refuse to consider the application further if the application is not in accordance with subsection (3).
(6)The regulator may accept the application only if the regulator is satisfied that—
(a)either—
(i)the licensee has fulfilled each right to burial or right to interment at the facility; or
(ii)the licensee will be able to fulfil each right to burial or right to interment at the facility even if the facility is closed; and
(b)if a right to burial or right to interment has been given but not exercised at the facility and the licensee will not be able to fulfil the right—the licensee has revoked the right under section 12 (Right to burial or interment—notice about end of term and revoking right).
(7)If the regulator accepts the application, the regulator must tell the licensee, in writing, that the closure of the facility is approved and the date of the closure.
NoteThe Territory is responsible for the maintenance of a facility after it is closed (see s 112A).
(8)If the regulator refuses the application, the regulator must tell the licensee, in writing, the reasons for the refusal.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
Application—request for information
(1)The regulator may require any of the following people to give the regulator additional information the regulator believes on reasonable grounds to be necessary to decide the application:
(a)a person who applies for a licence under section 49; and
(b)a person who applies to amend a licence under section 51.
(2)If an application is to transfer a licence under section 52, the regulator may require the following people to give the regulator additional information the regulator believes on reasonable grounds to be necessary to decide the application:
(a)the person who applies to transfer the licence;
(b)the person who is to receive the transferred licence.
(3)The regulator must—
(a)request, in writing, the additional information; and
(b)may require the additional information to be provided within a stated time.
(4)The regulator may refuse to consider the application further until the additional information is provided.
Offences—failure to update information in application
(1)A person commits an offence if—
(a)a person applies to the regulator for a licence under section 49; and
(b)the information required to be included in the application under section 49 (2) changes; and
(c)the person does not tell the regulator, in writing, about the change within 7 days.
Maximum penalty: 50 penalty units.
(2)A person commits an offence if—
(a)the person is a licensee of a facility; and
(b)the person applies to the regulator to amend the licence under section 51; and
(c)the information required to be included in the application under section 51 (2) changes; and
(d)the person does not tell the regulator, in writing, about the change within 7 days.
Maximum penalty: 50 penalty units.
(3)A person commits an offence if—
(a)the person is a licensee of a facility; and
(b)the person applies to the regulator to transfer the licence to another person under section 52; and
(c)the information required to be included in the application under section 52 (2) changes; and
(d)the person does not tell the regulator, in writing, about the change within 7 days.
Maximum penalty: 50 penalty units.
(4)An offence against this section is a strict liability offence.
Offence—failure to update information
(1)A person commits an offence if—
(a)the person is a licensee of a facility; and
(b)any of the following information changes:
(i)the name and contact details of the licensee;
(ii)any information or matters on the facility plan; and
(c)the person does not tell the regulator, in writing, about the change within 30 days.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Division 4.3 Regulator’s register—licence
Register of licences
(1)The regulator must keep a register of licences to operate a facility.
(2)The register must include the following information:
(a)for each licence given under section 49—
(i)the name and contact details of the licensee; and
(ii)the unique identifying number of the licence; and
(iii)the unique identifying number of the facility; and
(iv)the term of the licence; and
(v)if the licence is subject to conditions—the conditions;
(b)if a licence is amended under section 51—
(i)a description of the amendment; and
(ii)the reasons for the amendment; and
(iii)the date the amendment starts;
(c)if a license is amended under division 5.1 (Disciplinary action)—
(i)a description of the amendment; and
(ii)the reasons for the amendment; and
(iii)the date the amendment starts;
(d)if a licence is transferred under section 52—the name of the person to whom the licence is transferred;
(e)if a licence is surrendered under section 53—the date the licence is surrendered;
(f)if a licence is suspended under section 70 (Immediate suspension of licence—danger to public health) or section 71 (Disciplinary action—no immediate danger to public health)—
(i)the reason the licence is suspended; and
(ii)the date the suspension starts and ends;
(g)if a licence is cancelled under division 5.1—
(i)the reason the licence is cancelled; and
(ii)the date the cancellation starts.
(3)The regulator must make the information on the register available for public inspection.
(4)The regulator may correct a mistake, error or omission in the register.
(5)The regulator may change a detail included in the register to keep it up-to-date.
Division 4.4 Licensee’s operating procedures, register and records
Subdivision 4.4.1 Standard operating procedures
Standard cemetery operating procedures
(1)The licensee of a cemetery must make and keep written procedures for the cemetery (the standard cemetery operating procedures) including procedures for the following:
(a)allocating a unique identifying number for the human remains of each deceased person buried at the facility;
(b)transporting and moving human remains at the cemetery;
(c)burying human remains in a site at the cemetery;
(d)exhuming human remains from a site at the cemetery;
(e) interring cremated remains in a site at the cemetery;
(f)disinterring cremated remains from a site at the cemetery;
(g)resolving complaints to the licensee about any activities mentioned in paragraphs (a) to (f);
(h)anything else prescribed by regulation.
(2)A person commits an offence if the person—
(a)is the licensee of a cemetery; and
(b)does not make the standard cemetery operating procedures.
Maximum penalty: 50 penalty units.
(3)A person commits an offence if the person—
(a)is the licensee of a cemetery; and
(b)does not keep the standard cemetery operating procedures.
Maximum penalty: 50 penalty units.
(4)A person commits an offence if the person—
(a)is the licensee of a cemetery; and
(b)does not review the standard operating procedures at least every 2 years.
Maximum penalty: 50 penalty units.
(5)An offence against this section is a strict liability offence.
Part 9Regulator
Regulator—appointment
(1)The director-general must appoint a public servant as the regulator.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)However, the director-general may appoint a person as the regulator only if satisfied the person has suitable qualifications and experience to exercise the functions of regulator.
(3)An appointment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Regulator—functions
(1)The regulator’s functions are—
(a)to administer this Act; and
(b)any other function given to the regulator by this Act or another territory law.
(2)In the exercise of the regulator’s functions, the regulator must have regard to the objects stated in section 6 (Object of Act).
NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).
Delegation
The regulator may delegate the regulator’s functions under this Act or another territory law to a public servant.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Part 10Codes of practice
Code of practice—approval
(1)The Minister may approve a code of practice in relation to—
(a)a facility; or
(b)the transportation of human remains; or
(c)the burial, cremation or exhumation of human remains; or
(d)the interment or disinterment of cremated remains; or
(e)the memorialisation of a deceased person.
(2)A code of practice may apply, adopt or incorporate an instrument, as in force from time to time.
Note 1The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
(3)A code of practice is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Failure to comply with code of practice
(1)A person commits an offence if—
(a)a code of practice applies to the person; and
(b)the person engages in conduct; and
(c)the conduct results in a failure to comply with a requirement of the code of practice; and
(d)the person is reckless about whether the conduct complies with the code of practice.
Maximum penalty: 100 penalty units.
(2)A person commits an offence if—
(a)a code of practice applies to the person; and
(b)the person fails to comply with a requirement of the code of practice.
Maximum penalty: 50 penalty units.
(3)Subsections (1) and (2) do not apply if—
(a)a direction has been given to the person under division 5.2 (Directions) about the requirement; and
(b)the person has complied with the direction.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)An offence against subsection (2) is a strict liability offence.
Part 11Notification and review of decisions
Definitions—pt 11
In this part:
decision-maker, for a reviewable decision, means the decision‑maker mentioned in schedule 1, column 5 for the decision.
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
If the decision-maker makes a reviewable decision, the decision‑maker must give a reviewable decision notice to each person mentioned in schedule 1, column 4 in relation to the decision.
Note 1The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2The requirements for a reviewable decision notice are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
Applications for review
The following people may apply to the ACAT for a review of a reviewable decision:
(a)a person mentioned in schedule 1, column 4 in relation to the decision;
(b)any other person whose interests are affected by the decision.
Part 12Miscellaneous
Determination of fees
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3)The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.
Protection from liability
(1)An official is not civilly liable for conduct engaged in honestly and without recklessness—
(a)in the exercise of a function under this Act; or
(b)in the reasonable belief that the conduct was in the exercise of a function under this Act.
(2)Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory.
(3)In this section:
conduct means an act or omission to do an act.
official means—
(a)the regulator; or
(b)an authorised officer; or
(c)anyone else exercising a function under this Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A regulation may make provision in relation to the following:
(a)the protection of facilities;
(b)a licence for a facility;
(c)requirements for—
(i)transporting human remains; and
(ii)burying, cremating or exhuming human remains; and
(iii)interring or disinterring cremated remains; and
(iv)the memorialisation of deceased people at facilities;
(d)certificates by doctors required for burials and cremations.
(3)A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.
Part 21Transitional—Cemeteries and Crematoria Amendment Act 2024
Continuation of perpetual care trusts
(1)The authority perpetual care trust, established under section 103 as in force immediately before the commencement day, is taken to be the authority perpetual care trust established under section 103 on the commencement day.
(2)The licensee perpetual care trust, established under section 104 as in force immediately before the commencement day, is taken to be the licensee perpetual care trust established under section 104 on the commencement day.
(3)In this section:
commencement day means the day the Cemeteries and Crematoria Amendment Act 2024, section 3 commences.
Expiry—pt 21
This part expires 5 years after the day it commences.
NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Schedule 1Reviewable decisions
(see pt 11)
| column 1 item | column 2 section | column 3 decision | column 4 person | column 5 decision-maker |
| 1 | 15 (3) (b) | refusal to permit burial other than at cemetery | person who applied | regulator |
| 2 | 23 (3) (b) | refusal to cremate 2 or more people at the same time | person who applied | regulator |
| 3 | 35 (4) (b) | refusal of application for disinterment | licensee of facility | regulator |
| 4 | 37 (3) (b) | refusal of application for exhumation | person who applied | chief health officer |
| 5 | 40 (4) (b) | refusal to bury or cremate without certification document | person who applied | regulator |
| 6 | 49 (3) (b) | refusal to give licence | person who applied | regulator |
| 7 | 51 (3) (b) | refusal to amend licence | licensee | regulator |
| 8 | 52 (3) (b) | refusal to transfer licence | licensee | regulator |
| 9 | 54 (4) (b) | refusal of application to close facility | licensee | regulator |
| 10 | 70 | immediate suspension of licence—danger to public health | licensee | regulator |
| 11 | 71 | disciplinary action | licensee | regulator |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· chief health officer
· Corporations Act
· director-general (see s 163)
· disallowable instrument (see s 9)
· may (see s 146)
· must (see s 146)
· notifiable instrument (see s 10)
· the Territory.
acceptable container means—
(a)a coffin; or
(b)an eco-coffin; or
(c)a container approved under section 39.
acceptable wrapping means—
(a)a shroud; or
(b)a wrapping approved under section 39.
at premises, for part 6 (Enforcement)—see section 82.
authorised person, for part 6 (Enforcement)—see section 82.
authority means the Cemeteries and Crematoria Authority established under section 113.
authority perpetual care trust—see section 103 (1).
burial area, of a cemetery, means an area of the cemetery allocated for the burial of the human remains of deceased people of a particular denomination, cultural group or other special category.
Examples—other special category
babies, children or members of the Australian Defence Force
burial site, of a cemetery, includes a crypt, family memorial, lawn burial, mausoleum and natural burial site at the cemetery.
cemetery means a place—
(a)where human remains are buried, cremated remains are interred and deceased people are memorialised; and
(b)operated by the authority.
certification document, for the human remains of a deceased person, for part 3 (Burial, cremation, interment or exhumation)—see section 13.
chief executive officer means the chief executive officer of the authority.
code of practice means a code of practice approved by the Minister under section 123.
connected, for part 6 (Enforcement)—see section 82.
contact details, for a person, includes the person’s home address, postal address (if different from the home address), email address and telephone number.
cremated remains means human remains that have been cremated.
cremation includes alkaline hydrolysis and other non-fire based methods for breaking down human remains.
crematorium means a place—
(a)where human remains are cremated, cremated remains are interred and deceased people are memorialised; and
(b)operated by a licensee.
death certificate, for part 2 (Right to burial or interment)—see section 7.
decision maker, for a reviewable decision, for part 11 (Notification and review of decisions)—see section 125.
disciplinary action, against a licensee, for division 5.1 (Disciplinary action)—see section 69.
disciplinary conduct, of a licensee, for division 5.1 (Disciplinary action)—see section 69.
facility means—
(a)a cemetery; or
(b)a crematorium.
facility plan means a plan of a facility that—
(a)shows the burial areas and interment areas of the facility; and
(b)shows each burial site and interment site at the facility and identifies—
(i)the kind of burial or interment site it is; and
(ii)the unique identifying number for the site; and
(c)is published on the facility’s website.
family member—see the Civil Law (Wrongs) Act 2002, section 32.
fetal remains means the body, or part of the body, of a dead fetus that is not a stillborn child.
human remains includes a stillborn child and fetal remains.
interment area, of a facility, means an area of the facility allocated for the interment of the cremated remains of a deceased person of a particular denomination, cultural group or other special category.
Examples—other special category
babies, children or members of the Australian Defence Force
interment site includes a site in a wall or garden.
licence, to operate a facility, means the following:
(a)a licence mentioned in section 49;
(b)an amended licence mentioned in section 51;
(c)a transferred licence mentioned in section 52.
licensee means—
(a)a person who has a licence to operate a facility; or
(b)the authority.
licensee perpetual care trust—see section 104 (1).
licensee receipt, for a facility, means an amount received by the licensee of the facility for—
(a)giving a right of burial or right of interment at the facility; or
(b)the burial or cremation of human remains at the facility; or
(c)the interment of cremated remains at the facility; or
(d)the memorialisation of a deceased person at the facility.
medical referee means a person appointed under section 41.
occupier, of premises, for part 6 (Enforcement)—see section 82.
offence, for part 6 (Enforcement)—see section 82.
perpetual care trust means—
(a)an authority perpetual care trust; or
(b)a licensee perpetual care trust.
perpetual care trust percentage—see section 106 (1).
premises, for part 6 (Enforcement)—see section 82.
private crematorium means a crematorium operated by a person other than the authority.
public crematorium means a crematorium operated by the authority.
regulator means the public servant appointed under section 120.
reviewable decision, for part 11 (Notification and review of decisions)—see section 125.
right to burial means a right to bury human remains at a cemetery—
(a)given to a person under section 8; or
(b)transferred to a person under section 10.
right to burial certificate—see section 8 (6).
right to interment means a right to inter cremated remains at a facility—
(a)given to a person under section 9; or
(b)transferred to a person under section 10.
right to interment certificate—see section 9 (6).
standard cemetery operating procedures—see section 59.
standard crematorium operating procedures—see section 60.
standard facility operating procedures—see section 61.
stillborn child—see the Births, Deaths and Marriages Registration Act 1997, dictionary.
suitable person, for division 4.2 (Licence to operate facility)—see section 48.
warrant, for part 6 (Enforcement)—see section 82.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Cemeteries and Crematoria Act 2020 A2020-7
notified LR 28 February 2020
s 1, s 2 commenced 28 February 2020 (LA s 75 (1))
remainder commenced 23 August 2020 (s 2 and CN2020-15)as amended by
Transport Canberra and City Services Legislation Amendment Act 2023 A2023-27 pt 2
notified LR 7 July 2023
s 1, s 2 commenced 7 July 2023 (LA s 75 (1))
pt 2 commenced 14 July 2023 (s 2)Cemeteries and Crematoria Amendment Act 2024 A2024-14
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
remainder commenced 20 April 2024 (s 2)Better Regulation Legislation Amendment Act 2025 A2025-13 pt 5
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
pt 5 commenced 9 June 2025 (s 2 (1))Amendment history
Commencement
s 2om LA s 89 (4)
Burial at cemetery—application
s 17am A2023‑27 s 4, s 5
Cremation—application
s 22am A2023‑27 s 6, s 7
Offence—collection of cremated remains
s 25am A2023‑27 s 8
Closing facility—application
s 54am A2024‑14 s 4, s 5
Register—burial, cremation, interment etc
s 63am A2023‑27 s 9
Register—cremation collections
s 63Ains A2023‑27 s 10
Offences—keeping registers
s 64am A2023‑27 ss 11-13; ss renum R2 LA
Authority perpetual care trust—establishment
s 103sub A2024‑14 s 6
Licensee perpetual care trust—establishment
s 104sub A2024‑14 s 6
Maintenance of closed facilities
pt 7A hdgins A2024‑14 s 7
Territory responsible for maintenance of closed facilities
s 112Ains A2024‑14 s 7
Minister may make declaration closing authority operated facility
s 116Ains A2024‑14 s 8
Chief executive officer of authority
s 118Ains A2023‑27 s 14
Authority’s staff
s 118Bins A2023‑27 s 14
Repeals
pt 13 hdgom LA s 89 (3)
Legislation repealed
s 131om LA s 89 (3)
Transitional
pt 20 hdgexp 23 August 2025 (s 214)
Definitions—pt 20
s 200exp 23 August 2025 (s 214)
Right of burial or interment under repealed Act
s 201exp 23 August 2025 (s 214)
Application for burial at cemetery under repealed Act
s 202exp 23 August 2025 (s 214)
Application for burial other than at cemetery under repealed Act
s 203exp 23 August 2025 (s 214)
Application for cremation under repealed Act
s 204exp 23 August 2025 (s 214)
Burial or cremation without certification document under repealed regulation
s 205exp 23 August 2025 (s 214)
Disposal of cremated remains under repealed regulation
s 206exp 23 August 2025 (s 214)
Application for exhumation under repealed Act
s 207exp 23 August 2025 (s 214)
Perpetual care trust under repealed Act
s 208exp 23 August 2025 (s 214)
Accounts and records for perpetual care trusts under repealed Act
s 209exp 23 August 2025 (s 214)
Register required to be kept under repealed regulation
s 210exp 23 August 2025 (s 214)
Application records kept under repealed regulation
s 211exp 23 August 2025 (s 214)
Revoking right of burial or interment under repealed code of practice
s 212exp 23 August 2025 (s 214)
Transitional regulations
s 213exp 23 August 2025 (s 214)
Expiry—pt 20
s 214exp 23 August 2025 (s 214)
Transitional—Cemeteries and Crematoria Amendment Act 2024
pt 21 hdgins A2024‑14 s 9
exp 20 April 2029 (s 216)
Continuation of perpetual care trusts
s 215ins A2024‑14 s 9
exp 20 April 2029 (s 216)
Expiry—pt 21
s 216ins A2024‑14 s 9
exp 20 April 2029 (s 216)
Dictionary
dictdef chief executive officer ins A2023‑27 s 15
def licensee receipt am A2025-13 s 10
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
23 Aug 202023 Aug 2020–
13 July 2023not amended new Act R2
14 July 202314 July 2023–
19 April 2024A2023‑27 amendments by A2023‑27 R3
20 Apr 202420 Apr 2024–
8 June 2025A2024‑14 amendments by A2024‑14 R4
9 June 20259 June 2025–
23 Aug 2025A2025‑13 amendments by A2025‑13
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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