Cremation Act 2000 (SA)

South Australia

Cremation Act 2000

An Act to regulate the cremation of human remains; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Cremation Act 2000.

In this Act, unless the contrary intention appears—

crematorium means a place for the cremation of human remains;

doctor means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

human remains has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;

Register has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;

Registrar means the Registrar of Births, Deaths and Marriages or a Deputy Registrar of Births, Deaths and Marriages;

spouse—a person is the spouse of another if they are legally married.

A person must not cremate human remains, or cause, suffer or permit human remains to be cremated, other than in a lawfully established crematorium.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (a1)

   A person must not cremate human remains, or cause, suffer or permit human remains to be cremated, unless he or she has received a cremation permit issued under this section.

Maximum penalty: $10 000 or imprisonment for 2 years.

1. (1)

   Subject to this Act, the Registrar may, on due application made under this section, issue the applicant with a cremation permit in the prescribed form.

2. (2)

   The Registrar must not issue a permit under this section unless the application is accompanied by—

   1. (a)

      —

      1. (i)

         certificates from 2 doctors (one of whom was responsible for the deceased's medical care immediately before death or examined the body of the deceased after death); or

      2. (ii)

         a certificate from a doctor who has completed a post mortem examination of all the vital organs of the deceased,

   certifying that the deceased died from natural causes; or

   1. (b)

      an authorisation for the disposal of human remains issued under the Coroners Act 2003 or a corresponding previous enactment.

3. (3)

   Despite subsection (2), the Registrar may, on application, issue a cremation permit without the documents required under that subsection, if—

   1. (a)

      in the case of an application to cremate the remains of a person who died in another State or a Territory of the Commonwealth—the application is accompanied by the documents that would be required under the law of that State or Territory for the issue of a cremation permit or other authorisation for cremation of the remains in that State or Territory;

   2. (b)

      in any other case—the Registrar is satisfied that—

      1. (i)

         the deceased's death has been registered under the Births, Deaths and Marriages Registration Act 1996 or a…