Cemeteries and Crematoria Regulations 2025 (Vic)

Version No. 002

Cemeteries and Crematoria Regulations 2025

S.R. No. 46/2025

Version incorporating amendments as at

28 October 2025

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocations

5Definitions

Part 2—Cemetery trust records

Division 1—Interments

6Prescribed information—interment of bodily remains

7Prescribed information—interment of body parts (excluding foetal remains)

8Prescribed information—interment of foetal remains which are not a still‑born child

9Prescribed information—interment of bodily remains that have been cremated

10Prescribed information—interment of body parts that have been cremated (excluding foetal remains)

11Prescribed information—interment of foetal remains that have been cremated which are not a still‑born child

Division 2—Places of interment

12Prescribed information—places of interment

Division 3—Cremations

13Prescribed information—cremation of bodily remains

14Prescribed information—cremation of body parts (excluding foetal remains)

15Prescribed information—cremation of foetal remains which are not a still‑born child

Division 4—Rights of interment

16Prescribed information—rights of interment

Division 5—Interment and cremation where an identifier or container reference number assigned

17Prescribed information—interment of bodily remains with an identifier that have been cremated

18Prescribed information—interment of body parts with an identifier or container reference number that have been cremated

19Prescribed information—cremation of bodily remains with an identifier

20Prescribed information—cremation of body parts with an identifier or container reference number

Part 3—Applications for interment, cremation and exhumation

Division 1—Prescribed persons

21Persons who may supply information

Division 2—Interment

22Application for interment authorisation—bodily remains

23Application for interment approval—interment other than in a public cemetery

24Application for interment authority—body parts (excluding foetal remains)

25Application for interment authority—foetal remains which are not a still‑born child

Division 3—Cremation

26Application for cremation authorisation—bodily remains

27Certificate of registered medical practitioner authorising cremation

28Application for cremation authority—body parts (excluding foetal remains)

29Application for cremation authority—foetal remains which are not a still‑born child

Division 4—Cremation where identifier or container reference number assigned

30Application for cremation authorisation—bodily remains with an identifier

31Application for cremation authority—body parts with an identifier or container reference number

Division 5—Interment and cremation of deceased poor persons

32Prescribed persons—application for an order

Division 6—Exhumation

33Application to Secretary for exhumation licence

Part 4—Interment

34Requirements for enclosure of bodily remains and body parts

35Requirements for labelling of coffins, caskets, containers and receptacles

36Depth of burial requirements

37Requirements for interment in concrete‑lined grave

38Construction of mausolea

39Interment in mausolea

40Sealing of crypt space in mausolea

Part 5—Cremation

41Requirements for enclosure of bodily remains and body parts

42Requirements for labelling of coffins, caskets, containers and receptacles

43Inspection of coffins, caskets, containers and receptacles

44Removal of fittings which may impede cremation process

45Disposal of substances after cremation

46Release of cremated human remains

47Collection and disposal of cremated human remains

Part 6—Management of public cemeteries

48Written approval of cemetery trust for certain activities

49Commercial activities

50Information to purchasers of memorials

51Inspection of memorials, places of interment and buildings for ceremonies

52Funerals

53Funeral directions

54Offence to cause disturbance

55Danger to person or property

56Removal of objects, things and items from places of interment and memorials

57Use of fire in a public cemetery

58Use of vehicles in a public cemetery

59Opening hours

60Model rules

Schedule 1—Forms

Schedule 2—Model Rules

═════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 002

Cemeteries and Crematoria Regulations 2025

S.R. No. 46/2025

Version incorporating amendments as at

28 October 2025

PART 1—PRELIMINARY

1Objectives

The objectives of these Regulations are—

(a)to regulate public cemeteries and crematoria and the activities of cemetery trusts; and

(b)to prescribe forms, fees and other matters for the purposes of the Cemeteries and Crematoria Act 2003; and

(c)to provide for other associated matters.

2Authorising provision

These Regulations are made under section 180 of the Cemeteries and Crematoria Act 2003.

3Commencement

These Regulations come into operation on 15 June 2025.

4Revocations

The following Regulations are revoked—

(a)the Cemeteries and Crematoria Regulations 2015[1];

(b)the Cemeteries and Crematoria Amendment Regulations 2015[2];

(c)the Cemeteries and Crematoria Amendment Regulations 2020[3].

5Definitions

In these Regulations—

concrete‑lined grave means a grave lined along its vertical walls with concrete or similar solid material, whether or not the bottom of the grave is also so lined;

container reference number means a unique reference given to a container enclosing body parts belonging to more than one individual;

funeral director means—

(a)a person who carries on the business of arranging for the disposal of human remains; or

(b)an employee, sub‑contractor or agent of a person referred to in paragraph (a) acting in the course of that employment, contract or agency;

identifier has the same meaning as in section 3(1) of the Health Records Act 2001;

nearest surviving relative in relation to a deceased person means—

(a)the spouse or domestic partner of that person; or

(b)if at the time of the person's death the person did not have a spouse or domestic partner, any relative of that person first listed in the following paragraphs—

(i)child or stepchild who has attained the age of 18 years;

(ii)parent;

(iii)sibling who has attained the age of 18 years;

(iv)grandparent;

(v)grandchild who has attained the age of 18 years;

(vi)parent's sibling who has attained the age of 18 years;

(vii)sibling's child who has attained the age of 18 years;

sealed cap means a substantial layer of concrete or similar solid material that is installed over a coffin, casket, container, receptacle or human remains to seal the place of interment;

the Act means the Cemeteries and Crematoria Act 2003.

PART 2—CEMETERY TRUST RECORDS

Division 1—Interments

6Prescribed information—interment of bodily remains

For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of bodily remains—

(a)the full name of the deceased person;

(b)if known, the suburb, town or city of the last permanent address of the deceased person;

(c)if known, the date of birth and the date of death of the deceased person;

(d)if known, whether the deceased person is an identified veteran;

(e)the date of interment;

(f)a description of—

(i)the type of place of interment; and

Example

Grave, vault or mausoleum crypt.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(g)if the bodily remains are exhumed or removed from the place of interment, the date of the exhumation or removal and details of the manner of disposition of the bodily remains after the exhumation or removal.

Note

Bodily remains includes the corpse of a still‑born child but does not include body parts or cremated human remains: see section 3(1) of the Act.

7Prescribed information—interment of body parts (excluding foetal remains)

For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of body parts which are not foetal remains—

(a)the full name of the person to whom the body parts belonged;

(b)a description of the body parts;

(c)if known, the suburb, town or city of—

(i)the address of the person to whom the body parts belonged; or

(ii)the last permanent address of the deceased person to whom the body parts belonged;

(d)if known, the date of birth and the date of death (if applicable) of the person to whom the body parts belonged;

(e)if known, whether the person to whom the body parts belonged is an identified veteran;

(f)the date of interment;

(g)a description of—

(i)the type of place of interment; and

Example

Grave, vault or mausoleum crypt.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(h)if the body parts are exhumed or removed from the place of interment, the date of the exhumation or removal and details of the manner of disposition of the body parts after the exhumation or removal.

8Prescribed information—interment of foetal remains which are not a still‑born child

For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of foetal remains which are not a still‑born child—

(a)the date of interment;

(b)a description of—

(i)the type of place of interment; and

Example

Grave, vault or mausoleum crypt.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(c)if the foetal remains are exhumed or removed from the place of interment, the date of the exhumation or removal and details of the manner of disposition of the foetal remains after the exhumation or removal.

9Prescribed information—interment of bodily remains that have been cremated

(1)For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of bodily remains that have been cremated—

(a)the full name of the deceased person;

(b)if known, the suburb, town or city of the last permanent address of the deceased person;

(c)if known, the date of birth and the date of death of the deceased person;

(d)if known, whether the deceased person is an identified veteran;

(e)the date of interment;

(f)a description of—

(i)the type of place of interment; and

Example

Grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(g)if a cemetery trust exercises any of its powers under section 86 of the Act, details of—

(i)the date of that exercise; and

(ii)in relation to the power under section 86(1)(b) of the Act, the manner of disposition of the bodily remains that have been cremated;

(h)if the bodily remains that have been cremated are exhumed or removed from the place of interment, the date of the exhumation or removal and details of the manner of disposition of the remains after the exhumation or removal.

(2)This regulation does not apply if an identifier is assigned to the bodily remains that have been cremated.

Note

See regulation 17 regarding the interment of bodily remains with an identifier that have been cremated.

10Prescribed information—interment of body parts that have been cremated (excluding foetal remains)

(1)For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of body parts that have been cremated which are not foetal remains—

(a)the full name of the person to whom the body parts belonged;

(b)a description of the body parts;

(c)if known, the suburb, town or city of—

(i)the address of the person to whom the body parts belonged; or

(ii)the last permanent address of the deceased person to whom the body parts belonged;

(d)if known, the date of birth and the date of death (if applicable) of the person to whom the body parts belonged;

(e)if known, whether the person to whom the body parts belonged is an identified veteran;

(f)the date of interment;

(g)a description of—

(i)the type of place of interment; and

Example

Grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(h)if a cemetery trust exercises any of its powers under section 86 of the Act, details of—

(i)the date of that exercise; and

(ii)in relation to the power under section 86(1)(b) of the Act, the manner of disposition of the body parts that have been cremated;

(i)if the body parts that have been cremated are exhumed or removed from the place of interment, the date of the exhumation or removal and details of the manner of disposition of the body parts that have been cremated after the exhumation or removal.

(2)This regulation does not apply if an identifier or container reference number is assigned to the body parts that have been cremated.

Note

See regulation 18 regarding the interment of body parts with an identifier or container reference number that have been cremated.

11Prescribed information—interment of foetal remains that have been cremated which are not a still‑born child

(1)For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of foetal remains that have been cremated which are not a still‑born child—

(a)the date of interment;

(b)a description of—

(i)the type of place of interment; and

Example

Grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(c)if a cemetery trust exercises any of its powers under section 86 of the Act, details of—

(i)the date of that exercise; and

(ii)in relation to the power under section 86(1)(b) of the Act, the manner of disposition of the foetal remains that have been cremated;

(d)if the foetal remains that have been cremated are exhumed or removed from the place of interment, the date of exhumation or removal and details of the manner of disposition of the foetal remains that have been cremated after the exhumation or removal.

(2)This regulation does not apply if an identifier or container reference number is assigned to the foetal remains that have been cremated.

Note

See regulation 18 regarding the interment of foetal remains with an identifier or container reference number that have been cremated.

Division 2—Places of interment

12Prescribed information—places of interment

For the purposes of section 59(b) of the Act, the following information is prescribed—

(a)a description of—

(i)the type of place of interment; and

Example

Grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(b)if known, whether there is a current right of interment granted for the place of interment;

(c)if known, the number of interments that the place of interment has been prepared or excavated to accommodate;

(d)if known, the number of interments, if any, that have taken place in the place of interment;

(e)if known, the number of exhumations or removals of human remains that have taken place in the place of interment.

Division 3—Cremations

13Prescribed information—cremation of bodily remains

(1)For the purposes of section 59(c) of the Act, the following information is prescribed for the cremation of bodily remains—

(a)the full name of the deceased person;

(b)if known, the suburb, town or city of the last permanent address of the deceased person;

(c)if known, the date of birth and the date of death of the deceased person;

(d)if known, whether the deceased person is an identified veteran;

(e)the date of cremation;

(f)if the bodily remains that have been cremated are subsequently collected from a public cemetery for which the cemetery trust is responsible, the date of collection.

(2)This regulation does not apply if an identifier is assigned to the bodily remains.

Note

See regulation 19 regarding the cremation of bodily remains with an identifier.

14Prescribed information—cremation of body parts (excluding foetal remains)

(1)For the purposes of section 59(c) of the Act, the following information is prescribed for the cremation of body parts which are not foetal remains—

(a)the full name of the person to whom the body parts belonged;

(b)a description of the body parts;

(c)if known, the suburb, town or city of—

(i)the address of the person to whom the body parts belonged; or

(ii)the last permanent address of the deceased person to whom the body parts belonged;

(d)if known, the date of birth and the date of death (if applicable) of the person to whom the body parts belonged;

(e)if known, whether the person to whom the body parts belonged is an identified veteran;

(f)the date of cremation;

(g)if the body parts that have been cremated are subsequently collected from a public cemetery for which the cemetery trust is responsible, the date of collection.

(2)This regulation does not apply if an identifier or container reference number is assigned to the body parts.

Note

See regulation 20 regarding the cremation of body parts with an identifier or container reference number.

15Prescribed information—cremation of foetal remains which are not a still‑born child

(1)For the purposes of section 59(c) of the Act, the following information is prescribed for the cremation of foetal remains which are not a still‑born child—

(a)the date of cremation;

(b)if the foetal remains that have been cremated are subsequently collected from a public cemetery for which the cemetery trust is responsible, the date of collection.

(2)This regulation does not apply if an identifier or container reference number is assigned to the foetal remains.

Note

See regulation 20 regarding the cremation of foetal remains with an identifier or container reference number.

Division 4—Rights of interment

16Prescribed information—rights of interment

For the purposes of section 59(d) of the Act, the following information is prescribed for a right of interment granted by a cemetery trust—

(a)the full name of the holder of the right of interment;

(b)the date the right of interment was granted;

(c)if the right of interment is subject to any conditions, details of the conditions;

(d)whether the right of interment is allocated or unallocated;

(e)a description of—

(i)the type of place of interment; and

Example

Grave, vault, mausoleum crypt, wall niche, memorial plant or plot.

(ii)the location of the place of interment, or if the right of interment is unallocated, the specific part of the cemetery to which the right of interment relates, if any;

Example

Section, row, grave number or other geographical locator.

(f)the amount paid for the right of interment;

(g)if the right of interment is for the interment of cremated human remains, the period of the right of interment;

(h)if the right of interment for cremated human remains has been renewed, the date and period of the renewal;

(i)if the right of interment has been transferred—

(i)the full name of the person from whom the right of interment was transferred; and

(ii)the full name of the person to whom the right of interment was transferred; and

(iii)the date of the transfer; and

(iv)the method of transfer whether by sale, gift or otherwise; and

(v)the consideration (if any) paid for the transfer;

(j)if the right of interment has been cancelled, the date of the cancellation;

(k)if the right of interment has been surrendered—

(i)the name of the person who surrendered the right of interment; and

(ii)the date of the surrender;

(l)if the right of interment has been varied under Division 2A of Part 6 of the Act, the details and date of the variation;

(m)if the right of interment has been subject to variation or forced surrender under Division 2A of Part 6 of the Act, a copy of the notification by the Secretary provided under section 84F(2)(d) of the Act.

Division 5—Interment and cremation where an identifier or container reference number assigned

17Prescribed information—interment of bodily remains with an identifier that have been cremated

For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of bodily remains with an identifier that have been cremated—

(a)if the applicant for interment is a body corporate, the name of the applicant;

(b)the identifier for the deceased person;

(c)a description of—

(i)the type of place of interment; and

Example

Grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(d)the date of interment.

18Prescribed information—interment of body parts with an identifier or container reference number that have been cremated

For the purposes of section 59(a) of the Act, the following information is prescribed for the interment of body parts with an identifier or a container reference number that have been cremated—

(a)if the applicant for interment is a body corporate, the name of the applicant;

(b)either—

(i)the identifier for the body parts; or

(ii)the container reference number for the body parts;

(c)a description of—

(i)the type of place of interment; and

Example

Grave, vault, mausoleum crypt, wall niche, memorial plant, garden bed, lawn or plot.

(ii)the location of the place of interment;

Example

Section, row, grave number or other geographical locator.

(d)the date of interment.

Note

Body parts includes foetal remains which are not a still‑born child: see section 3(1) of the Act.

19Prescribed information—cremation of bodily remains with an identifier

For the purposes of section 59(c) of the Act, the following information is prescribed for the cremation of bodily remains with an identifier—

(a)if the applicant for cremation is a body corporate, the name of the applicant;

(b)the identifier for the deceased person;

(c)the date of cremation;

(d)if the bodily remains that have been cremated are subsequently collected from a public cemetery for which the cemetery trust is responsible, the date of collection.

20Prescribed information—cremation of body parts with an identifier or container reference number

For the purposes of section 59(c) of the Act, the following information is prescribed for the cremation of body parts with an identifier or container reference number—

(a)if the applicant for cremation is a body corporate, the name of the applicant;

(b)a description of the body parts;

(c)either—

(i)the identifier for the body parts; or

(ii)the container reference number for the body parts;

(d)the date of cremation;

(e)if the body parts that have been cremated are subsequently collected from a public cemetery for which the cemetery trust is responsible, the date of collection.

Note

Body parts includes foetal remains which are not a still‑born child: see section 3(1) of the Act.

PART 3—APPLICATIONS FOR INTERMENT, CREMATION AND EXHUMATION

Division 1—Prescribed persons

21Persons who may supply information

For the purposes of section 151(3)(d) of the Act, the following persons are prescribed—

(a)a person appointed as an inspector of a school of anatomy under section 36 of the Human Tissue Act 1982;

(b)a person having the control and management of a school of anatomy the conduct of which is authorised under section 35 of the Human Tissue Act 1982 (the head of the school of anatomy);

(c)the Secretary;

(d)an authorised representative of a tissue bank prescribed under section 39A(1) of the Human Tissue Act 1982;

(e)the Victorian Institute of Forensic Medicine established under section 64 of the Victorian Institute of Forensic Medicine Act 1985;

(f)in the case of foetal remains which are not a still‑born child, the person who was pregnant with the foetus.

Division 2—Interment

22Application for interment authorisation—bodily remains

For the purposes of section 116(2) of the Act, the prescribed form is Form 1 of Schedule 1.

23Application for interment approval—interment other than in a public cemetery

For the purposes of section 121(2)(a) of the Act, the prescribed form is Form 2 of Schedule 1.

24Application for interment authority—body parts (excluding foetal remains)

(1)For the purposes of section 151(1) of the Act, an application for an authority to inter body parts which are not foetal remains in a public cemetery may be made using Form 3 of Schedule 1.

(2)For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—

(a)the full name of the person to whom the body parts belonged;

(b)a description of the body parts;

(c)the name of the person supplying the information specified in paragraphs (a) and (b) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (e) to which the person belongs.

25Application for interment authority—foetal remains which are not a still‑born child

(1)For the purposes of section 151(1) of the Act, an application for an authority to inter foetal remains which are not a still‑born child in a public cemetery may be made using Form 4 of Schedule 1.

(2)For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—

(a)the full name of the person who was pregnant with the foetus;

(b)the name of the person supplying the information specified in paragraph (a) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (f) to which the person belongs.

Division 3—Cremation

26Application for cremation authorisation—bodily remains

(1)For the purposes of section 131(2) of the Act, the prescribed form of an application for a cremation authorisation for bodily remains in a public cemetery is Form 5 of Schedule 1.

(2)This regulation does not apply if an identifier is assigned to the bodily remains.

Note

See regulation 30 for an application for a cremation authorisation for bodily remains with an identifier.

27Certificate of registered medical practitioner authorising cremation

For the purposes of section 131(3)(a)(i) of the Act, the prescribed form of certificate is Form 6 of Schedule 1.

28Application for cremation authority—body parts (excluding foetal remains)

(1)For the purposes of section 151(1) of the Act, an application for an authority to cremate body parts which are not foetal remains in a public cemetery may be made using Form 7 of Schedule 1.

(2)For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—

(a)the full name of the person to whom the body parts belonged;

(b)a description of the body parts;

(c)the name of the person supplying the information specified in paragraphs (a) and (b) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (e) to which the person belongs.

(3)This regulation does not apply if an identifier or container reference number is assigned to the body parts.

Note

See regulation 31 for an application for a cremation authority for body parts with an identifier or container reference number.

29Application for cremation authority—foetal remains which are not a still‑born child

(1)For the purposes of section 151(1) of the Act, an application for an authority to cremate foetal remains which are not a still‑born child in a public cemetery may be made using Form 8 of Schedule 1.

(2)For the purposes of section 151(2) of the Act, the following information is prescribed in relation to an authority referred to in subregulation (1)—

(a)the full name of the person who was pregnant with the foetus;

(b)the name of the person supplying the information specified in paragraph (a) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (f) to which the person belongs.

(3)This regulation does not apply if an identifier or container reference number is assigned to the foetal remains.

Note

See regulation 31 for an application for a cremation authority for foetal remains with an identifier or container reference number.

Division 4—Cremation where identifier or container reference number assigned

30Application for cremation authorisation—bodily remains with an identifier

For the purposes of section 131(2) of the Act, the prescribed form of an application for cremation authorisation for bodily remains with an identifier is Form 9 of Schedule 1.

31Application for cremation authority—body parts with an identifier or container reference number

(1)For the purposes of section 151(1) of the Act, an application for an authority to cremate body parts with an identifier or container reference number in a public cemetery may be made using Form 10 of Schedule 1.

(2)For the purposes of section 151(2) of the Act, the following information is prescribed for an application referred to in subregulation (1)—

(a)the identifier or container reference number for the body parts;

(b)a description of the body parts;

(c)the name of the person supplying the information specified in paragraphs (a) and (b) and the class of prescribed person listed in section 151(3)(a) to (c) of the Act or regulation 21(a) to (f) to which the person belongs.

Note

Body parts includes foetal remains which are not a still‑born child: see section 3(1) of the Act.

Division 5—Interment and cremation of deceased poor persons

32Prescribed persons—application for an order

For the purposes of section 142 of the Act, the following persons are prescribed—

(a)a person who is a relative or friend of the deceased person;      

(b)an executor or administrator of the deceased person's estate;

(c)an authorised representative of a religious or charitable organisation;

(d)State Trustees Limited

(A.C.N. 064 593 148);

(e)an authorised representative of a hospital or other health or aged care service;

(f)a police officer.

Division 6—Exhumation

33Application to Secretary for exhumation licence

(1)For the purposes of section 156(2)(a) of the Act, the prescribed form is Form 11 of Schedule 1.

(2)For the purposes of section 156(2)(c) of the Act, the prescribed fee is 12 fee units.

PART 4—INTERMENT

34Requirements for enclosure of bodily remains and body parts

A person must not bring bodily remains or body parts to be interred into a public cemetery, or convey those bodily remains or body parts within a public cemetery, unless the bodily remains or body parts are enclosed in a coffin, casket, container or receptacle—

(a)that is clean and hygienic; and

(b)that is constructed of wood, metal or other substantial material; and

(c)from which neither offensive or noxious emissions nor matter from the bodily remains or body parts will escape.

Penalty:10 penalty units.

35Requirements for labelling of coffins, caskets, containers and receptacles

A person who brings bodily remains or body parts to be interred into a public cemetery, or conveys those bodily remains or body parts within a public cemetery, must ensure that the coffin, casket, container or receptacle enclosing the bodily remains or body parts is conspicuously labelled with—

(a)the full name of the deceased person or person to whom the body parts belonged; or

(b)an identifier; or

(c)a container reference number.

36Depth of burial requirements

(1)Subject to subregulations (2) and (3), if bodily remains or body parts are interred in a place of interment in a public cemetery, the cemetery trust responsible for that cemetery must ensure that—

(a)if a sealed cap is to be installed over the bodily remains or body parts in the place of interment—

(i)the sealed cap is installed as soon as practicable after the interment; and

(ii)there is at least 400 millimetres of earth between the sealed cap and normal ground level; or

(b)if the place of interment is unsealed, there is at least 750 millimetres of earth between the coffin, casket, container, receptacle or those remains and normal ground level.

Penalty:10 penalty units.

(2)Despite subregulation (1), a right of interment may be exercised to inter bodily remains or body parts in a place of interment if—

(a)that right of interment has been exercised in relation to that place of interment at least once before 28 July 1998; and

(b)in interring those bodily remains or body parts by the current exercise of that right—

(i)the place of interment is resealed with a sealed cap as soon as practicable after the interment; and

(ii)the sides of the place of interment above the sealed cap are lined with brick, stone, concrete or other similar material; and

(iii)there is at least 300 millimetres of earth between the sealed cap and normal ground level.

(3)A cemetery trust must ensure that an interment to which subregulation (2) applies is carried out in accordance with that subregulation.

Penalty:10 penalty units.

(4)This regulation does not apply to the interment of human remains in—

(a)a concrete‑lined grave; or

(b)a mausoleum; or

(c)an above ground interment structure.

37Requirements for interment in concrete‑lined grave

If bodily remains or body parts are interred in a place of interment in a public cemetery that is a concrete‑lined grave, the cemetery trust responsible for that cemetery must ensure that a sealed cap is installed as soon as practicable after the interment.

Penalty:10 penalty units.

38Construction of mausolea

(1)A cemetery trust who establishes a mausoleum facility under section 22 of the Act must ensure that the mausoleum facility—

(a)is designed, constructed and maintained for a service life of at least 100 years; and

(b)is constructed of stone or similar durable material; and

(c)is adequately ventilated, drained and vermin proof; and

(d)contains crypt spaces which are adequately ventilated, drained and vermin proof.

Penalty:20 penalty units.

(2)A person who establishes or alters a place of interment that is a mausoleum facility under Division 2 of Part 7 of the Act must ensure that the mausoleum—

(a)is designed, constructed and maintained for a service life of at least 100 years; and

(b)is constructed of stone or similar durable material; and

(c)is adequately ventilated, drained and is vermin proof; and

(d)contains crypt spaces which are adequately ventilated, drained and vermin proof.

Penalty:20 penalty units.

39Interment in mausolea

(1)A cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that the bodily remains or body parts are interred in a coffin, casket, container or receptacle—

(a)that is clean and hygienic; and

(b)that is constructed of wood, metal or other substantial material; and

(c)from which neither offensive or noxious emissions nor matter from the bodily remains or body parts will escape.

Penalty:10 penalty units.

(2)A cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that the coffin, casket, container or receptacle enclosing the bodily remains or body parts is conspicuously labelled with the full name of the deceased person or person to whom the body parts belonged.

(3)A cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that the bodily remains or body parts are interred—

(a)in a soundly constructed crypt space; and

(b)in a crypt space in which the number of interments has not exceeded the number of interments for which the crypt space was designed.

Penalty:10 penalty units.

40Sealing of crypt space in mausolea

A cemetery trust or a person who inters bodily remains or body parts in a mausoleum in a public cemetery must ensure that as soon as possible after the interment, the opening of the crypt space—

(a)is sealed with a slab of impervious material to prevent the escape of offensive or noxious emissions or matter; and

(b)is faced with a secure and durable slab of stone, slate or iron.

Penalty:10 penalty units.

PART 5—CREMATION

41Requirements for enclosure of bodily remains and body parts

A person must not bring bodily remains or body parts to be cremated into a public cemetery, or convey those bodily remains or body parts within a public cemetery, unless the bodily remains or body parts are enclosed in a coffin, casket, container or receptacle—

(a)with a flat base; and

(b)that is clean and hygienic; and

(c)that is constructed of wood or other substantial material that is combustible and that will not—

(i)impede the cremation process; or

(ii)cause damage to the cremator; and

(d)that will not give rise to noxious emissions when burnt; and

(e)from which neither offensive or noxious emissions nor matter from the bodily remains or body parts will escape.

Penalty:10 penalty units.

42Requirements for labelling of coffins, caskets, containers and receptacles

A person who brings bodily remains or body parts to be cremated into a public cemetery, or conveys those bodily remains or body parts within a public cemetery, must ensure that the coffin, casket, container or receptacle enclosing the bodily remains or body parts is conspicuously labelled with—

(a)the full name of the deceased person or person to whom the body parts belonged; or

(b)an identifier; or

(c)a container reference number.

43Inspection of coffins, caskets, containers and receptacles

(1)This regulation applies if bodily remains or body parts are to be cremated in a crematorium in a public cemetery in accordance with—

(a)in the case of bodily remains, a cremation authorisation or a cremation approval; or

(b)in the case of body parts, an authority under section 150 of the Act.

(2)The cemetery trust responsible for that cemetery may inspect a coffin, casket, container or receptacle enclosing the bodily remains or body parts and the contents of that coffin, casket, container or receptacle if the cemetery trust is of the opinion that the coffin, casket, container or receptacle or its contents could—

(a)impede the cremation process; or

(b)cause damage to the cremator.

44Removal of fittings which may impede cremation process

(1)This regulation applies if bodily remains or body parts are to be cremated in a crematorium in a public cemetery in accordance with—

(a)in the case of bodily remains, a cremation authorisation or a cremation approval; or

(b)in the case of body parts, an authority under section 150 of the Act.

(2)The cemetery trust responsible for that cemetery may remove any fittings on a coffin, casket, container or receptacle enclosing the bodily remains or body parts if the cemetery trust is of the opinion that the fittings could—

(a)impede the cremation process; or

(b)cause damage to the cremator.

(3)The cemetery trust must ensure that any fittings removed under subregulation (2) are disposed of in a manner considered appropriate by the cemetery trust.

45Disposal of substances after cremation

A cemetery trust, in any manner it considers appropriate, may dispose of any metal substance or other non‑human substance recovered from a cremator in a crematorium for which the cemetery trust is responsible after the cremation of— 

(a)bodily remains cremated in accordance with a cremation authorisation or a cremation approval; or

(b)body parts cremated in accordance with an authority under section 150 of the Act.

46Release of cremated human remains

(1)This regulation does not apply to cremated human remains that have been disinterred under section 86 of the Act.

(2)Subject to any order of a court, a cemetery trust may release cremated human remains only to—

(a)in the case of body parts that have been cremated, the person to whom the body parts belonged; or

(b)the applicant; or

(c)the applicant's agent; or

(d)if the persons specified in paragraphs (a) to (c) are deceased, the nearest surviving relative of the person who was cremated or to whom the body parts belonged.

(3)In this regulation—

applicant means the person who applied for a cremation authorisation, a cremation approval or an authority under section 150 of the Act;

applicant's agent means a person authorised in writing by an applicant to be the applicant's agent for the purposes of the release by the cemetery trust to that agent of cremated human remains to which the cremation authorisation, cremation approval or authority under section 150 of the Act relates.

47Collection and disposal of cremated human remains

(1)A cemetery trust must make cremated human remains available for collection within 2 working days after the cremation.

(2)A cemetery trust must hold cremated human remains for at least 12 months from the date of cremation unless those remains are released prior to that date in accordance with regulation 46(2).

(3)If no person entitled to the cremated human remains gives a direction within 12 months of the date of the cremation as to the interment or disposal of the remains, a cemetery trust may—

(a)inter the remains in the grounds of a public cemetery for which it is responsible; or

(b)dispose of the remains in any other manner that it considers appropriate.

(4)At least 3 months prior to the expiry of the 12 month period referred to in subregulation (3), a cemetery trust must take reasonable steps to notify the persons specified in regulation 46(2) of the trust's intention to inter or dispose of the remains at the expiry of that 12 month period.

PART 6—MANAGEMENT OF PUBLIC CEMETERIES

48Written approval of cemetery trust for certain activities

(1)A cemetery trust may approve the carrying out of an activity referred to in regulation 57 or 58(2) by a person or class of persons in a public cemetery for which the trust is responsible if the cemetery trust is satisfied it is not inconsistent with—

(a)the care, protection or management of the public cemetery; or

(b)the protection of public health in the cemetery; or

(c)the maintenance of public order in the cemetery.

(2)An approval under subregulation (1)—

(a)must be in writing; and

(b)may be subject to any terms and conditions that the cemetery trust considers reasonable to impose in the circumstances; and

(c)for an approval for a class of persons, must be made available on request by any person and either—

(i)published on the website of the cemetery trust; or

(ii)prominently displayed within the cemetery.

49Commercial activities

A person, in a public cemetery, must not initiate unsolicited contact with another person for the purpose of promotion or marketing of the supply of goods or services relating to the interment, cremation or memorialisation of the dead.

Penalty:20 penalty units.

50Information to purchasers of memorials

(1)If a cemetery trust sells or supplies memorials (other than structures provided and maintained by the cemetery trust and memorial plants), the cemetery trust, when promoting that activity, whether orally or by publication of advertising or promotional material, must provide information that complies with subregulation (2) that alternative vendors or suppliers of memorials exist.

Penalty:10 penalty units.

(2)The information provided under subregulation (1) must include a statement that contact details for alternative vendors or suppliers may be found in the telephone directory and on the Internet.

51Inspection of memorials, places of interment and buildings for ceremonies

A cemetery trust may inspect any work that is being carried out on memorials, places of interment and buildings for ceremonies in a public cemetery for which the cemetery trust is responsible.

52Funerals

A person must not arrange or conduct a funeral, including a funeral procession, in a public cemetery without the prior approval of the cemetery trust responsible for that cemetery.

Penalty:10 penalty units.

53Funeral directions

(1)A cemetery trust may give directions to a person regarding the manner in which a funeral, including a funeral procession, is to be conducted in a public cemetery for which the cemetery trust is responsible.

(2)A person responsible for arranging a funeral, including a funeral procession, in a public cemetery must comply with any direction given by a cemetery trust under subregulation (1).

54Offence to cause disturbance

A person in a public cemetery must not act in a way that causes unreasonable disturbance to any other person.

Penalty:10 penalty units.

55Danger to person or property

A person in a public cemetery must not act in a manner that is likely to cause danger to any person or property.

Penalty:10 penalty units.

56Removal of objects, things and items from places of interment and memorials

(1)A cemetery trust may give directions to a person regarding the objects, things or items affixed to, or placed on or around, the places of interment and memorials in a public cemetery for which the cemetery trust is responsible.

(2)A person must comply with a direction given by a cemetery trust under subregulation (1).

(3)A cemetery trust may remove the following objects, things or items from a place of interment or memorial in a public cemetery for which the cemetery trust is responsible—

(a)any object, thing or item that, without the prior approval of the cemetery trust, extends beyond the boundary of the place of interment or memorial;

(b)any dead flowers or any other object, thing or item that is in a poor condition;

(c)any object, thing or item placed on a place of interment or memorial in contravention of the Act, these Regulations, a direction given by a cemetery trust under subregulation (1) or the model rules set out in Schedule 2;

(d)any object, thing or item that may cause danger to any person or property.

(4)A cemetery trust must ensure that any object, thing or item removed under subregulation (3) is disposed of in a manner considered appropriate by the cemetery trust.

(5)A person, other than a person specified in subregulation (6), must not, without reasonable excuse, remove any object, thing or item from a place of interment or memorial in a public cemetery.

Penalty:10 penalty units.

(6)For the purposes of subregulation (5), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the public cemetery when acting in accordance with that authorisation.

57Use of fire in a public cemetery

(1)A person, other than a person specified in subregulation (2), must not light or use fire in a public cemetery without the prior approval of the cemetery trust in accordance with regulation 48.

Penalty:10 penalty units.

(2)For the purposes of subregulation (1), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the public cemetery when acting in accordance with that authorisation.

(3)A person who uses fire in a public cemetery in association with ceremonies for the interment, cremation or commemoration of the dead must not, without the prior approval of the cemetery trust in accordance with regulation 48, leave that fire unattended.

Penalty:10 penalty units.

(4)Nothing in these Regulations permits the lighting or use of fire—

(a)in an area that is subject to a declaration of a day or partial day of total fire ban under the Country Fire Authority Act 1958; or

(b)in contravention of any Act.

58Use of vehicles in a public cemetery

(1)A person in a public cemetery must not drive, ride or otherwise use a vehicle so as to impede—

(a)the operations or work of the cemetery trust responsible for that cemetery; or

(b)a funeral, including a funeral procession.

Penalty:10 penalty units.

(2)A person in a public cemetery must not drive, ride or otherwise use a vehicle on any surface other than a road, track or parking area without the prior approval of the cemetery trust in accordance with regulation 48.

Penalty:10 penalty units.

(3)A person, other than a person specified in subregulation (4), in a public cemetery must not park, drive, ride or otherwise use a vehicle in a manner contrary to any direction given by the cemetery trust responsible for that cemetery, including a direction indicated by a sign.

Penalty:10 penalty units.

(4)For the purposes of subregulation (3), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the public cemetery when acting in accordance with that authorisation.

(5)In this regulation—

sign means a sign prominently displayed within the public cemetery to which it relates and includes—

(a)a notice, whether on a post or not; and

(b)painted lines, markings or words on a roadway;

vehicle means a mechanical or motorised vehicle, bicycle, carriage, cart, horse, rollerblades, rollerskates, skateboard or any other means of conveyance, but does not include—

(a)a wheelchair or other device designed or used for the conveyance of a person with mobility difficulties; or

(b)a pram, stroller or other device designed or used for the conveyance of children.

59Opening hours

Unless a public cemetery is open to the public at all times, the cemetery trust responsible for that cemetery must display at the main entrance of the cemetery and at prominent places within the cemetery the hours during which the public can access the cemetery.

60Model rules

For the purposes of section 25 of the Act, the prescribed model rules are those set out in Schedule 2.

SCHEDULE 1—FORMS

FORM 1

Regulation 22

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Regulations 2025

APPLICATION FOR INTERMENT AUTHORISATION—BODILY REMAINS

The deceased person

Full name:

Sex: [*tick appropriate box]

o Male    o Female  o Other     o Don't know/prefer not to say

Date of birth:

Date of death:

Age:

Last known permanent street address:

Suburb/town/city:              State:                  Postcode:

Religion if any (optional):

Did the deceased person have a spouse or domestic partner at the time of the deceased person's death? [*tick appropriate box]

o Yes      o No       o Don't know/prefer not to say

Was the deceased person an identified veteran? [*tick appropriate box]

o Yes      o No       o Don't know

Place of interment

Name of public cemetery:

Type of place of interment: [specify type, e.g. grave, vault, mausoleum crypt]

Location of place of interment: [specify the location, e.g. section, row, grave number or other geographical locator]

Type of interment: [*tick appropriate box]

o New     o Pre‑purchased/pre‑need  o Re‑open

Please answer this question if this will be the first interment in the place of interment—how many additional interments will be required?
[*tick appropriate box]

o 0   o 1   o 2   o 3   o Other: [specify number]

Interment and funeral arrangements

Details of the funeral director or the person arranging for the interment and the funeral service (if any):

Company name (if any):

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Type of coffin, casket, container or receptacle: [*tick appropriate box]

 Coffin  Casket  Other: [describe container or receptacle]

Dimensions of coffin, casket, container or receptacle:
Length:            Width:              Depth:

Material of which coffin, casket, container or receptacle is constructed: [specify, e.g. wood, metal]

Services (if any) being conducted: [*tick appropriate box]

o Funeral service at a venue within the cemetery prior to interment 

o Funeral service at a location outside the cemetery prior to arrival at the cemetery for interment

o Funeral service at the interment site

o No attendance at interment

Date and time of funeral service (if any):

Special requirements for the interment: [specify, e.g. witness backfill, shoring, shroud burial with backboard or without backboard]

Date and time of interment:

Other requirements:

Applicant's details

Full name of applicant:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Relationship to deceased person:

Consent of holder(s) of right of interment

Is the applicant the holder of the right of interment for the place of interment where the bodily remains will be interred? [*tick appropriate box]

o Yes, the sole holder of the right of interment [proceed to Information accompanying application]

o Yes, one of the holders of the right of interment

o No

Complete this section in respect of each holder of the right of interment (other than the applicant). Attach additional pages if necessary.

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Relationship to deceased person:

I consent to the application for interment authorisation.

Signature(s) of holder(s) of right of interment:  Date:

Have all holders of the right of interment been informed of this application? [*tick appropriate box]

o Yes      o No

If no, give reasons why all holders of the right of interment have not been informed:

If yes, do all holders of the right of interment consent to this application? [*tick appropriate box]

o Yes      o No

Information accompanying application

The following document accompanies this application in accordance with section 116(3) of the Cemeteries and Crematoria Act 2003: [*tick appropriate box]

o notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 (notice of death by treating doctor)

o copy of order made by a coroner under section 47 of the Coroners Act 2008 (coroner's order)

o if the deceased person died outside Victoria, a document corresponding to a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the deceased person died (notice of death by treating doctor—other jurisdiction)

o if the deceased person died outside Victoria, a document corresponding to an order made by a coroner under section 47 of the Coroners Act 2008 from the jurisdiction where the deceased person died (coroner's order—other jurisdiction)

o notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 (notice of still‑birth)

o if the still‑birth occurred outside Victoria, a document corresponding to a notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the still‑birth occurred (notice of still‑birth—other jurisdiction)

o statutory declaration made by the person arranging the interment stating that, owing to special circumstances, it is not possible to produce one of the documents referred to above.

WARNING

Under section 117 of the Cemeteries and Crematoria Act 2003 it is an offence to make a false statement in an application for an interment authorisation, punishable by a fine of up to 240 penalty units or 2 years imprisonment or both.

Signature of applicant:  Date:

FORM 2

Regulation 23

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Regulations 2025

APPLICATION FOR INTERMENT APPROVAL—INTERMENT OTHER THAN IN A PUBLIC CEMETERY

The deceased person

Full name:       

Sex: [*tick appropriate box]

o Male    o Female  o Other     o Don't know/prefer not to say

Date of birth:

Date of death:

Age:

Last known permanent street address:

Suburb/town/city:              State:                  Postcode:

Religion if any (optional):

Did the deceased person have a spouse or domestic partner at the time of the deceased person's death? [*tick appropriate box]

o Yes      o No       o Don't know/prefer not to say

Location of proposed place of interment

Property details: [specify address and Certificate of Title folio and volume reference, and if the interment is proposed to take place on Crown land, Crown allotment details]

Location of interment on land: [provide details consistent with the cemetery system for recording grave locations, e.g. section, row, grave number or other geographical locator]

Details of other interments at the proposed place of interment

Is there a record of another person having been buried on the land? [*tick appropriate box]

o Yes      o No       

If no, contact the Department to discuss the application.

If yes, is the existing grave(s) clearly marked? [*tick appropriate box]

o Yes      o No       

Provide details, such as existing headstones, fencing of grave, etc:

Interment and funeral arrangements 

Details of funeral director or the person arranging for the interment and the funeral service (if any):

Company name (if any):

Full name:       

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Type of coffin, casket, container or receptacle: [*tick appropriate box]

 Coffin  Casket  Other: [describe container or receptacle]

Dimensions of coffin, casket, receptacle or container if any:
Length:    Width:      Depth:

Material of which coffin, casket, container or receptacle is constructed: [specify, e.g. wood, metal]

Description of memorial or marker to be placed over the place of interment:

Applicant's details

Full name of applicant:                 

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Relationship to deceased person:

Consent of land owner/manager

Please obtain the consent of the applicable person listed below to the interment on the land:

*  Land owner—attach a copy of the Certificate of Title confirming your ownership of the land and sign below indicating your consent to the interment on your land.

Signature of land owner:         Date:

*  Appointed delegate of the land owner—attach a copy of the Certificate of Title and a signed statement from the land owner indicating that you are authorised to act on their behalf in regard to conducting interments on their land. This statement must include the land owner's full name, address and contact telephone number.

Signature of delegate:             Date:

*  Appointed land manager (relates to Crown land)—attach a statement from the body responsible for the management of that land that you are authorised to carry out the interment on the land.

(*Delete if not applicable.)

Information accompanying application

The following document accompanies this application in accordance with section 121(3) of the Cemeteries and Crematoria Act 2003: [*tick appropriate box]

o notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 (notice of death by treating doctor)

o copy of order made by a coroner under section 47 of the Coroners Act 2008 (coroner's order)

o if the deceased person died outside Victoria, a document corresponding to a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the deceased person died (notice of death by treating doctor—other jurisdiction)

o notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 (notice of still‑birth)

o if the still‑birth occurred outside Victoria, a document corresponding to a notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the still‑birth occurred (notice of still‑birth—other jurisdiction)

o statutory declaration made by the person arranging the interment stating that, owing to special circumstances, it is not possible to produce one of the documents referred to above.

WARNING

Under section 122 of the Cemeteries and Crematoria Act 2003 it is an offence to make a false statement in an application for an interment approval, punishable by a fine of up to 240 penalty units or 2 years imprisonment or both.

Signature of applicant:  Date:

FORM 3

Regulation 24

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Regulations 2025

APPLICATION FOR INTERMENT AUTHORITY—BODY PARTS (EXCLUDING FOETAL REMAINS)

Prescribed information

The person supplying the information in this section must be a person listed in section 151(3)(a) to (c) of the Cemeteries and Crematoria Act 2003 or regulation 21(a) to (e) of the Cemeteries and Crematoria Regulations 2025.

Full name of the person to whom the body parts belonged:

Description of the body parts to be interred: 

Details of person supplying the prescribed information

Is the person supplying the prescribed information the applicant for interment authority? [*tick appropriate box]

o Yes      o No

If no, provide the details of person supplying the prescribed information:

Full name:

Entity name (if any): [e.g. hospital, school of anatomy, tissue bank]

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Select the class of prescribed person listed in section 151(3)(a) to (c) of the Cemeteries and Crematoria Act 2003 or regulation 21(a) to (e) of the Cemeteries and Crematoria Regulations 2025 to which the person belongs: [*tick appropriate box]

o registered medical practitioner who treated the person to whom the body parts belonged

o registered medical practitioner of the hospital where the person to whom the body parts belonged was treated

o coroner

o inspector of a school of anatomy

o head of school of anatomy

o the Secretary

o authorised representative of a tissue bank

o the Victorian Institute of Forensic Medicine

Signature of person supplying prescribed information (if not the applicant):

Date:

Person to whom the body parts belonged

Sex: [*tick appropriate box]

o Male    o Female  o Other     o Don't know/prefer not to say

Date of birth:

Date of death (if applicable):

Last known permanent street address:

Suburb/town/city:              State:                  Postcode:

Place of interment

Name of public cemetery:

Type of place of interment: [specify type, e.g. grave, vault, mausoleum crypt]

Location of place of interment: [specify the location, e.g. section, row, grave number or other geographical locator]

Type of interment: [*tick appropriate box]

o New     o Pre‑purchased/pre‑need  o Re‑open

Please answer this question if this will be the first interment in the place of interment—how many additional interments will be required? [*tick appropriate box]

o 0   o 1   o 2   o 3   o Other: [specify number]

Interment and funeral arrangements

Details of the funeral director or the person arranging for the interment and the funeral service (if any):

Company name (if any):

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Type of coffin, casket, container or receptacle: [*tick appropriate box]

 Coffin  Casket  Other: [describe container or receptacle]

Dimensions of coffin, casket, container or receptacle:
Length:            Width:              Depth:

Material of which coffin, casket, container or receptacle is constructed: [specify, e.g. wood, metal]

Services (if any) being conducted: [*tick appropriate box]

o Funeral service at a venue within the cemetery prior to interment 

o Funeral service at a location outside the cemetery prior to arrival at the cemetery for interment

o Funeral service at the interment site

o No attendance at interment

Date and time of funeral service (if any):

Special requirements for the interment: [specify, e.g. witness backfill, shoring, shroud burial with backboard or without backboard]

Date and time of interment:

Other requirements:

Applicant's details

Full name of applicant:

If applicant is not a natural person, the name of the contact person for the applicant: 

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Relationship to the person to whom the body parts belonged:

Consent of holder(s) of right of interment

Is the applicant the holder of the right of interment for the place of interment where the body parts will be interred? [*tick appropriate box]

o Yes, the sole holder of the right of interment [Proceed to Signature of applicant]

o Yes, one of the holders of the right of interment

o No

Complete this section in respect of each holder of the right of interment (other than the applicant). Attach additional pages if necessary.

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Relationship to person to whom the body parts belonged:

I consent to the application for interment authority.

Signature(s) of holder(s) of right of interment:  Date:

Have all holders of the right of interment been informed of this application? [*tick appropriate box]

o Yes      o No

If no, give reasons why all holders of the right of interment have not been informed:

If yes, do all holders of the right of interment consent to this application? [*tick appropriate box]

o Yes      o No

Signature of applicant:  Date:

FORM 4

Regulation 25

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Regulations 2025

APPLICATION FOR INTERMENT AUTHORITY—FOETAL REMAINS WHICH ARE NOT A STILL‑BORN CHILD

Prescribed information

The person supplying the information in this section must be a person listed in section 151(3)(a) to (c) of the Cemeteries and Crematoria Act 2003 or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025.

Full name of the person who was pregnant with the foetus:

Details of person supplying the prescribed information

Is the person supplying the prescribed information the applicant for interment authority? [*tick appropriate box]

o Yes      o No

If no, provide the details of person supplying the prescribed information:

Full name:

Entity name (if any): [e.g. hospital, school of anatomy, tissue bank]

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Select the class of prescribed person listed in section 151(3)(a) to (c) of the Cemeteries and Crematoria Act 2003 or regulation 21(a) to (f) of the Cemeteries and Crematoria Regulations 2025 to which the person belongs: [*tick appropriate box]

o registered medical practitioner who treated the person who was pregnant with the foetus

o registered medical practitioner of the hospital where the person who was pregnant with the foetus was treated

o coroner

o inspector of a school of anatomy

o head of school of anatomy

o the Secretary

o authorised representative of a tissue bank

o the Victorian Institute of Forensic Medicine

o the person who was pregnant with the foetus

Signature of person supplying prescribed information (if not the applicant):

Date:

Place of interment

Name of public cemetery:

Type of place of interment: [specify type, e.g. grave, vault, mausoleum crypt]

Location of place of interment: [specify the location, e.g. section, row, grave number or other geographical locator]

Type of interment: [*tick appropriate box]

o New     o Pre‑purchased/pre‑need  o Re‑open

Please answer this question if this will be the first interment in the place of interment—how many additional interments will be required? [*tick appropriate box]

o 0   o 1   o 2   o 3   o Other: [specify number]

Interment and funeral arrangements

Details of the funeral director or the person arranging for the interment and the funeral service (if any):

Company name (if any):

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Type of coffin, casket, container or receptacle: [*tick appropriate box]

 Coffin  Casket  Other: [describe container or receptacle]

Dimensions of coffin, casket, container or receptacle:
Length:            Width:              Depth:

Material of which coffin, casket, container or receptacle is constructed: [specify, e.g. wood, metal]

Services (if any) being conducted: [*tick appropriate box]

o Funeral service at a venue within the cemetery prior to interment 

o Funeral service at a location outside the cemetery prior to arrival at the cemetery for interment

o Funeral service at the interment site

o No attendance at interment

Date and time of funeral service (if any):

Special requirements for the interment: [specify, e.g. witness backfill, shoring, shroud burial with backboard or without backboard]

Date and time of interment:

Additional information regarding the foetal remains (optional):

Other requirements:

Applicant's details

Full name of applicant:

If the applicant is not a natural person, the name of the contact person for the applicant: 

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Consent of holder(s) of right of interment

Is the applicant the holder of the right of interment for the place of interment where the foetal remains will be interred? [*tick appropriate box]

o Yes, sole holder of the right of interment [proceed to Signature of applicant]

o Yes, one of the holders of the right of interment

o No

Complete this section in respect of each holder of the right of interment (other than the applicant). Attach additional pages if necessary.

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Relationship to person who was pregnant with the foetus:

I consent to the application for interment authority.

Signature(s) of holder(s) of right of interment:  Date:

Have all holders of the right of interment been informed of this application? [*tick appropriate box]

o Yes      o No

If no, give reasons why all holders of the right of interment have not been informed:

If yes, do all holders of the right of interment consent to this application? [*tick appropriate box]

o Yes      o No

Signature of applicant:  Date:

FORM 5

Regulation 26

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Regulations 2025

APPLICATION FOR CREMATION AUTHORISATION—BODILY REMAINS

The deceased person

Full name:

Sex: [*tick appropriate box]

o Male    o Female  o Other     o Don't know/prefer not to say

Date of birth:

Date of death:

Age:

Last known permanent street address:

Suburb/town/city:              State:                  Postcode:

Religion, if any (optional):

Did the deceased person have a spouse or domestic partner at the time of the deceased person's death? [*tick appropriate box]

o Yes      o No       o Don't know/prefer not to say

Was the deceased person an identified veteran? [*tick appropriate box]

o Yes      o No       o Don't know

Place of cremation

Name of crematorium:

Cremation and funeral arrangements

Details of the funeral director or the person arranging for the cremation and the funeral service (if any):

Company name (if any):

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Type of coffin, casket, container or receptacle: [*tick appropriate box]

 Coffin  Casket  Other: [describe container or receptacle]

Dimensions of coffin, casket, container or receptacle:
Length:            Width:              Depth:

Material of which coffin, casket, container or receptacle is constructed: [specify, e.g. wood]

Services (if any) being conducted: [*tick appropriate box(es)]

o Funeral service at a venue within the cemetery prior to cremation 

o Funeral service at a location outside the cemetery prior to arrival at the cemetery for cremation

o Funeral service at the crematorium to witness the commencement of the cremation

o Viewing at the crematorium prior to the cremation

o No funeral service prior to cremation (no attendance)

Date and time of funeral service (if any):

Date and time of cremation:

Cultural requirements post cremation (e.g. bone sort):

Other requirements:

Applicant's details

Full name of applicant:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Relationship to the deceased person:

Cremated remains

Following cremation, the cremated remains are to be: [*tick appropriate box(es)]

o Interred at: [specify cemetery]

Note: The cemetery trust must authorise the interment of cremated human remains: see section 141 of the Cemeteries and Crematoria Act 2003.

o Collected by:

o Funeral director

o Applicant

o Applicant's agent [complete Agent's details section below]

o Held at crematorium (for up to 12 months after the cremation)

Note: Cemetery trusts are required to hold the cremated remains for at least 12 months after the cremation. Following the expiry of the 12 month period, the cemetery trust may dispose of the cremated remains in any way that it considers appropriate.

o Other: [please specify, e.g. to be posted, urgent collection within 24 hours]

Agent's details

If you would like to nominate an agent to collect the cremated remains, please provide the following details:

Full name of agent:       

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Statement by funeral director or person arranging the cremation

This section should be completed by the funeral director or the person who is arranging for the cremation of the bodily remains.

Please select one option:

o The deceased person has no pacemaker or battery‑powered device.

o I have arranged for the deceased person's pacemaker or other battery‑powered device to be removed.

o The deceased person's pacemaker or other battery‑powered device has not been removed as the cemetery trust does not require its removal.

Signature of funeral director/person arranging cremation:        Date:  

Information accompanying application

The following document accompanies this application in accordance with section 131(3) of the Cemeteries and Crematoria Act 2003: [*tick appropriate box]

o a certificate of a registered medical practitioner authorising cremation (Form 6) together with a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 (notice of death by treating doctor)

o copy of order made by a coroner under section 47 of the Coroners Act 2008 (coroner's order)

o if the deceased person died outside Victoria, an authority to cremate under the hand of the coroner or other person permitted by the law of the jurisdiction where the deceased died (coroner's order—other jurisdiction)

o notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 (notice of still‑birth)

o if the still‑birth occurred outside Victoria, a notice corresponding to a notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the still‑birth occurred (notice of still‑birth—other jurisdiction)

o a cremation approval.

WARNING

Under section 132 of the Cemeteries and Crematoria Act 2003 it is an offence to make a false statement in an application for a cremation authorisation, punishable by a fine of up to 600 penalty units or 5 years imprisonment or both.

Signature of applicant:                  Date:

FORM 6

Regulation 27

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Regulations 2025

CERTIFICATE OF REGISTERED MEDICAL PRACTITIONER AUTHORISING CREMATION

Note 1:

In accordance with section 138 of the Cemeteries and Crematoria Act 2003 this form must be signed by a registered medical practitioner who is not the registered medical practitioner who completed the notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 in respect of the death of the deceased person who is to be cremated.

Note 2:

This form is not required for the cremation of a still‑born child.

The deceased person

Full name:

Sex: [*tick appropriate box]

o Male    o Female  o Other     o Don't know/prefer not to say

Date of birth:

Date of death:

Place of death:

Certificate

I, [name of registered medical practitioner], of [address of registered medical practitioner], certify that:

1.I am a currently registered medical practitioner under the Health Practitioner Regulation National Law.

2.I have carefully read the statements contained in the Application for cremation authorisation relating to the deceased person, signed by [applicant for cremation authorisation] and dated [date of application for cremation authorisation].

3.    I have examined the body of the deceased person.

4.I have sighted a completed notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 in respect of the death of the deceased person who is to be cremated.

AND I state that:

1.I have made careful and independent inquiry into the circumstances surrounding the death of the deceased person.

If yes, do all holders of the right of interment consent to this application? [*tick appropriate box]

o Yes      o No

Consent of nearest surviving relative(s) of the deceased person

Is the applicant the nearest surviving relative of the deceased person? [*tick appropriate box]

o Yes      o No

If yes, proceed to Notification of other surviving relatives.

If no, indicate below only the first listed category in which there is a nearest surviving relative of the deceased person: [*tick appropriate box]

o spouse or domestic partner of the deceased person at the time of death

o child or stepchild aged 18 years or over

o parent

o sibling aged 18 years or over

o grandparent

o grandchild aged 18 years or over

o parent's sibling aged 18 years or over

o sibling's child aged 18 years or over

Complete this section in respect of each nearest surviving relative of the deceased person in the indicated first listed category in which there is a nearest surviving relative of the deceased person (other than the applicant). Attach additional pages if necessary.

Full name:

I consent to the exhumation of the remains of the deceased person.

Signature:  Date:

Notification of other surviving relatives

Have all other surviving relatives of the deceased person in the following categories been informed of this application? [*tick appropriate box]

·     spouse or domestic partner of the deceased person at the time of death

·     child or stepchild aged 18 years or over

·     parent

·     sibling aged 18 years or over

o Yes      o No

If no, give reasons why all other surviving relatives of the deceased person have not been informed:

If yes, has any surviving relative(s) of the deceased person objected to this application? [*tick appropriate box]

o Yes      o No

Has the parent or guardian of any minor child (including stepchild) or minor sibling of the deceased person been informed of this application? [*tick appropriate box]

o Yes      o No

If no, give reasons why the parent or guardian of the minor child or sibling has not been informed:

If yes, has the parent or guardian of the minor child or sibling objected to this application? [*tick appropriate box]

o Yes      o No

Are you aware of any objection to this application by any other surviving relative of the deceased person in any of the following categories? [*tick appropriate box]

·     grandparent

·     grandchild aged 18 years or over

·     parent's sibling aged 18 years or over

·     sibling's child aged 18 years or over

·     any other surviving relative not otherwise listed in this form

Disposition of the remains after exhumation

What will happen to the remains after exhumation? [*select one option only]:

o Re‑interred in Victoria at: [state name of cemetery]

Note: Authorisation is required to re‑inter the remains.

o Cremated in Victoria at: [specify crematorium]

Note: Authorisation is required to cremate the remains.  

o Transportation interstate/other location within Australia

o Transportation internationally

Details of executor of the deceased person's estate

Did the deceased person leave a will? [*tick appropriate box]

o Yes      o No

If the executor is a natural person, is the executor alive? [*tick appropriate box]

o Yes      o No

If yes, the following section is to be completed by the executor of the deceased person's estate:

Full name:

Street address:

Suburb/town/city:              State:                  Postcode:

Telephone number(s):

Email:

Does the will or any other document contain instructions as to the disposal of the remains of the deceased? [*tick appropriate box]

o Yes      o No

If yes, provide evidence and attach copies of any relevant documentation, e.g. the will. Are any documents attached to this application? [*tick appropriate box]

o Yes      o No

Signature of executor:               Date:

Information accompanying application

The following document accompanies this application in accordance with section 156(3) of the Cemeteries and Crematoria Act 2003: [*tick appropriate box]

o certificate issued under section 46 of the Births, Deaths and Marriages Registration Act 1996;

o copy of order made by a coroner under section 47 of the Coroners Act 2008 (coroner's order)

o if the deceased person died outside Victoria, a document corresponding to a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the deceased person died (notice of death by treating doctor—other jurisdiction)

o notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 (notice of still‑birth)

o if the still‑birth occurred outside Victoria, a document corresponding to a notice of still‑birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the still‑birth occurred (notice of still‑birth—other jurisdiction)

o statutory declaration made by the person arranging the interment stating that, owing to special circumstances, it is not possible to produce one of the documents referred to above.

WARNING

Under section 158A of the Cemeteries and Crematoria Act 2003 it is an offence to knowingly make a false statement in an application for an exhumation licence, punishable by a fine of up to 240 penalty units or 2 years imprisonment or both.

Signature of applicant:         Date:

SCHEDULE 2—MODEL RULES

Regulation 60

MODEL RULES

Part 1—Preliminary

1Objective

The objective of these model rules is to provide for the general care, protection and management of a public cemetery by a cemetery trust if the cemetery trust has not made cemetery trust rules.

2Authorising provisions

These model rules are made under sections 25 and 180 of the Cemeteries and Crematoria Act 2003.

3Definitions

In these Rules—

animal does not include an assistance animal within the meaning of section 9(2) of the Disability Discrimination Act 1992 of the Commonwealth;

cemetery means a public cemetery for which a cemetery trust is responsible;

the Act means the Cemeteries and Crematoria Act 2003.

Part 2—General

4Cemetery trust may approve certain activities

(1)A cemetery trust may approve the carrying out of an activity referred to in rules 5, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17 and 18 by a person or class of persons in a cemetery if the cemetery trust is satisfied that it is not inconsistent with the care, protection or management of the cemetery.

(2)An approval under subrule (1)—

(a)must be in writing; and

(b)may be subject to any terms and conditions that the cemetery trust considers reasonable to impose in the circumstances; and

(c)for an approval for a class of persons, must be made available on request by any person and either—

(i)published on the website of the cemetery trust; or

(ii)prominently displayed within the cemetery.

Part 3—Memorials and places of interment

5Approval to place certain objects, things or items on memorial or place of interment

A person must not, without the prior approval of a cemetery trust in accordance with rule 4, place the following objects, things or items on a memorial or place of interment—

(a)ceramic or glass objects, things or items that are fragile or breakable;

(b)metal objects, things or items that are likely to rust or deteriorate.

6Objects, things or items likely to cause harm

A person must not place any object, thing or item likely to cause a risk to health or safety on a memorial or place of interment.

7Objects, things or items must remain within boundaries

A person placing an object, thing or item on a memorial or place of interment must ensure, unless the person has the prior approval of the cemetery trust in accordance with rule 4, that the object, thing or item does not extend beyond the boundaries of the memorial or place of interment.

Part 4—Works on memorials, places of interment and buildings for ceremonies

8Works on memorials, places of interment and buildings for ceremonies

A person responsible for carrying out work on a memorial, place of interment or building for ceremonies in a cemetery must ensure, unless the person has the prior approval of the cemetery trust in accordance with rule 4, that all materials to be used in that work are, so far as practicable, prepared off‑site.

Part 5—Activities on land in a cemetery

9Entry of animals into a cemetery

A person must not, without the prior approval of the cemetery trust in accordance with rule 4, allow any animal other than a dog to enter into or remain in a cemetery.

Penalty:10 penalty units.

10Control of animals in a cemetery

(1)A person who brings a dog or, in accordance with the approval of the cemetery trust, another animal into a cemetery must at all times keep that animal—

(a)leashed or otherwise suitably restrained or contained; and

(b)under the effective control of the person—

unless the person has the prior approval of the cemetery trust in accordance with rule 4.

Penalty:10 penalty units.

(2)A person who brings a dog or, in accordance with the prior approval of the cemetery trust, another animal into a cemetery must dispose of any excrement produced by that animal.

Penalty:10 penalty units.

(3)A person who brings a dog or, in accordance with the prior approval of the cemetery trust, another animal into a cemetery must prevent the animal—

(a)drinking from or entering into any water feature in the cemetery; or

(b)from causing—

(i)a disturbance or annoyance to any other person in the cemetery; or

(ii)damage to flora; or

(c)from disturbing or endangering fauna, unless the person has the prior approval of the cemetery trust in accordance with rule 4.

Penalty:10 penalty units.

11Offences relating to constructing or digging in a cemetery

(1)A person, other than a person specified in subrule (3), must not construct or erect any building, structure, enclosure or fence, whether permanent or temporary in a cemetery—

(a)without the prior approval of the cemetery trust in accordance with rule 4; or

(b)unless authorised to do so under the Act.

Penalty:10 penalty units.

(2)A person, other than a person specified in subrule (3), must not dig or excavate any trench, pit or hole, whether permanent or temporary, in a cemetery—

(a)without the prior approval of the cemetery trust in accordance with rule 4; or

(b)unless authorised to do so under the Act.

Penalty:10 penalty units.

(3)For the purposes of subrules (1) and (2), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.

12Offence to disturb or demolish cemetery trust property

(1)A person, other than a person specified in subrule (2), must not disturb or demolish any cemetery trust property, including buildings, structures, fences or roads without the prior approval of the cemetery trust in accordance with rule 4.

Penalty:10 penalty units.

(2)For the purposes of subrule (1), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.

13Offence relating to plants in a cemetery

(1)A person, other than a person specified in subrule (2), must not plant, remove, pick, prune, decorate or damage any plant, flower, shrub or tree in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.

Penalty:10 penalty units.

(2)For the purposes of subrule (1), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.

14Obstruction of the exercise of the powers or functions of a cemetery trust

A person must not obstruct a member, officer, employee, delegate or agent of a cemetery trust in the exercise of the powers or functions of that member, officer, employee, delegate or agent.

Penalty:10 penalty units.

15Offence to play sport in a cemetery

A person must not, without the prior approval of the cemetery trust in accordance with rule 4, engage in a sport or play a game involving physical activity in a cemetery.

Penalty:10 penalty units.

16Offence to fish, swim or bathe in a cemetery

(1)A person, other than a person specified in subrule (2), must not fish, swim or bathe in a body of water in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.

Penalty:10 penalty units.

(2)For the purposes of subrule (1), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.

17Offence to hunt in a cemetery

(1)A person, other than a person specified in subrule (2), must not hunt or set up snares, traps or poisons in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.

Penalty:10 penalty units.

(2)For the purposes of subrule (1), the following persons are specified—

(a)the cemetery trust when carrying out its functions;

(b)an employee, agent or contractor of the cemetery trust acting in the course of that employment, agency, or contract;

(c)a volunteer or other person authorised by the cemetery trust to carry out a function in the cemetery when acting in accordance with that authorisation.

18Offence to camp in a cemetery

A person must not camp in a cemetery without the prior approval of the cemetery trust in accordance with rule 4.

Penalty:10 penalty units.

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Cemeteries and Crematoria Regulations 2025, S.R. No. 46/2025 were made on 11 June 2025 by the Governor in Council under section 180 of the Cemeteries and Crematoria Act 2003, No. 80/2023 and came into operation on 15 June 2025: regulation 3.

The Cemeteries and Crematoria Regulations 2025 will sunset 10 years after the day of making on 11 June 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Cemeteries and Crematoria Regulations 2025 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Cemeteries and Crematoria Amendment Regulations 2025, S.R. No. 114/2025

Date of Making:	28.10.25
Date of Commencement:	28.10.25

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3   Explanatory details

[1] Reg. 4(a): S.R. No. 59/2015 as amended by S.R. Nos 115/2015 and 71/2020.

[2] Reg. 4(b): S.R. No. 115/2015.

[3] Reg. 4(c): S.R. No. 71/2020.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.