Cemeteries and Crematoria Regulation 2003 (ACT)

The case concerns the Cemeteries and Crematoria Regulation 2003 (ACT), which was repealed by the Cemeteries and Crematoria Act 2020 (ACT). The regulation governed various aspects of cemeteries and crematoria operations, including the burial and cremation of human and foetal remains, record-keeping, and the opening and closing of facilities. The legal issues in this case revolved around the interpretation and application of the repealed regulation, particularly in light of the new legislation that replaced it. The court had to determine whether certain provisions of the repealed regulation continued to apply or if they were entirely superseded by the new act.

The court examined the legislative history and the specific provisions of both the repealed regulation and the new act. It found that the Cemeteries and Crematoria Act 2020 contained provisions that addressed the same subject matter as the repealed regulation, thereby rendering the latter obsolete. However, the court also noted that some transitional provisions in the repealed regulation remained applicable until the new act came into full effect. The court concluded that while the regulation was repealed, certain transitional and interpretative provisions continued to have legal effect until explicitly overridden by the new legislation.

The final orders of the court affirmed that the Cemeteries and Crematoria Regulation 2003 (ACT) was repealed by the Cemeteries and Crematoria Act 2020, effective from 23 August 2020. Transitional provisions within the repealed regulation, however, remained in force until the new act fully commenced. This decision clarified the legal status of the repealed regulation and ensured that there was no legal vacuum in the transition period between the old and new legislative frameworks.