Cremation Act Amendment Act of 1935 (26 Geo v No. 28) (Qld)

CONSTITUTION-CREMATION. 26 GEO. V. No. 28, 1935. Cremation Act Amq,ndment Act. Brought forward Sums not exeeedillll £ 8. d. 385,953 18 10 DEPARTMENT OF PUBLIC LANDS. For Public Estate Improvement, Wire Netting, and Forestry 41,871 15 2 DEPARTMENT OF AGRICULTURE AND STOCK. For Erection of New Buildings, and Alteration to Existing Buildings <1tl,\:f:eril;Lga Sugar Experiment Station, and Agricultural Bank .. .. .. 24,109 6 7 DEPARTMENT OF MINES. For Loans under "The Mining Machinery Advance8 Act of 1906" 347 5 10 DEPARTMENT OF RAILWAYS. For Southern Division, Central Division and Mackay Railway, Northern Division, and General Expenditure 125,718 19 7 TOTAL SUPPLEMENTARY CfIARGES UPON LOAN FUND ACCOUNT •• •• £578,001 6 0 15391 CREMATION. An Act to Amend "The Cremation Act of 1913" in 26 NGoe. o 2 . 8 v . . certain particulars; and for other purposes. THE CREMATION [ASSENTED TO 10TH DECEMBER, 1935.J ACT AMENDMENT B E it enacted by the King's Most Excellent ~ \{ ajesty, ACT OF 1935. by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The CremationAct Short title Amendment Act of 1935," and shall be read as one with and . *" The Oremation Act of 1913," herein referred to as the constructIOn. Principal Act. The Principal Act and this Act may collectively be -cited as " The Cremation Acts, 1913 to 1935." 2. tSubject as hereinafter provided, this Act shallOommonce. come into operation on a day to be fixed by the Governor ment. in Council by Proclamation published in the Gazette. * 4 Geo. V. No. 16, supra, page 5850. t Proclaimed in force as from 18th December, 1935 (Gazette, 14th December, 1935, page 1864).

15392 CREMATION. CremationActAmendmentAct. 26 GEO. V. No. 28~ sR s . . e55p. aeanldonfew the f 3 ol . loSweicntgionnefwiveseoctfiothneisPirninsecritpeadl iAnc l t i .eius rthepeereaolefd: - a-nd Conditions of " [5.] (1.) No human body after death shall be cremation. cremated unless a permission and certificate to cremate such body has been signed by a Government medical officer, a health officer appointed under *" The Health Acts, 1900 to 1934," a medical officer of health of a Local Authority appointed under *" The Health Acts, 1900 to 1934," or a legally qualified medical practitioner licensed under the provisions of this seption. Such permission and certificate shall be in the prescribed form. (2.) Any such medical practitioner shall on signing or refusing to sign such permission and certificate comply with such regulations as· are made by the Governor in Council and also with such general or special direction as he may consider necessary, but in no case shall any such permission and certificate be signed until a certificate in the prescribed form has been produced to and received by such medical practitioner from the medical practitioner who per~ onally attended the deceased. . (3.) No cremation shall take place until the officer in charge of the crematorium shall have received both the signed permission and certificate in the prescribed form of a medical officer authorised under this Act to give such permission and certificate and the certificate in the prescribed form of the medical practitioner who personally attended the deceased. If the officer in charge of the crematorium cremates or permits the cremation of any human body before he shall have received all permissions and certificates required to be received by him under this section such officer shall be guilty of a misdemeanour and liable to a penalty not exceeding five hundred pounds or to imprisonment with hard labour for a term not exceeding two years, or to both such penalty and imprisonment. (4.) The officer in charge of the crematorium shall file in and keep at the office at the crematorium all permissions and certificates required to be received by him under this section, and shall forthwith upon demand 01< 64 Vie. No. 9 and amending Acts, supra, pages 7735 et seq.

CREMATION. 15393 1935. CremationActAmendmentAct. made by a person authorised in that behalf by the Home Secretary produce any such document to such person. If the officer in charge of the crematorium fails to comply with any provision of this subsection he shall be guilty of an offence and liable to a penalty of not more than one hundred pounds. (5.) The Governor in Council may at any time grant a license to any legally qualified medical practitioner authorising such, practitioner to sign permissions and certificates for cremation in the prescribed form and to grant permission to cremate any human body after. death as provided by subsections one and two hereof, and may at any time revoke any such license." 4. The following new section is inserted after New B. 5A. section five of the Principal Act and numbered u..!., namely:- " [5A.] The provisions of this Act relating to Cl.' ematio~ cremations shall not apply to the cremation of any after bunal. human body which has already been buried for a period of not less than one year : ' Provided that the Governor in Council may, and notwithstanding anything to the contrary contained in any Act or "law or 'rule or process of law, make regulations providing for the exhumation and cremation of the remains of any human body which has been buried for a period of not less than 9ne year." 5. Section six of the Principa] Act is amended Amendment by the addition thereto of the following paragraph, of B. 6. namely:- "An application for a permission and certificate under section five of this Act shall be in the form of the prescribed statutory declaration. Such application shall be made and signed by an executor or by the nearest surviving relative of the deceased, or, if made by any other person, shall show a satisfactory reason why the application is not made by an executor or by the nearest surviving relative." 6. Section ten of the Principal Act is' repealed New BS. 10 . and the following new sections 10 and lOA are inserted and lOA. ,in ·lieu thereof,. namely :-

15394 CREMATION. __ __ - - - ~ . - - - _ . _ - - - - - - --- -_. .. .----- --------- . - - - - - - Cremation Act AmendmentAct. 26 GEO. V. No. 28, ----0---------------- -------- Regulations. " [10.] (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without limiting the generality of these provisions, such regulations may provide for all or any of the following matters:- (a) The form and particulars to be contained in licenses, perrnissions and certificates, and certificates. (b) The terms, provisions, and conditions upon or subject to which a permission and certificate to cremate may be granted. (c) Fees in respect of all acts, matters, and things to be done or executed under this Act. (d) All matters or things required or permitted by this Act to be prescribed. (2.) The regulations may fix a penalty, not exceeding in any case fifty pounds, for any breach thereof. (3.) The regulations may be made on the passing of this Act. (4.) All such regulations made or purporting to be made under this Act shall be published in the Gazette, and thereupon, subject to subsection seven hereof, shall be of the same effect as if they were contained in this Act and shall be judicially noticed, and their validity shall not be questioned in any proceedings whatsoever, and such publication shall be conclusive evidence of the power and authority to make any such regulation. (5.) Such regulations shall take effect from the date of publication in the Gazette, or from a later date to be specified in any such regulations. (6.) Such regulations shall be laid before Parliament within fourteen sitting days after such publication if Parliament is in session; or, if not, then within fourteen sitting days after the commencement of the next session.

1935. CREMATION. Cremation ActAmendmentAct. 15395 (7.) If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such Parliament after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. (8.) For the purpose of this section, the term "sitting days" shall mean days on which Parliament actually sits for the despatch of business. [lOA.] All proceedings for offences against this Act (including 'any regulations thereunder) except such offences as are by this Act declared to be misdemeanours, shall be heard and determined in a summary way on ~ omplaint under *" The Justices Acts, 1886 to 1932." " 7. Nothing in t" The Cremation Acts, 1913 to 1935," Saving of shall prejudice or affect the provisions of t". The Coroners ~ ! ~ r8 Ad Act of 1930." of 1930." 8. (1.) The following paragraph is added to section Amendment eleven of §" The Acts Shortening Act of 1867" (as ~f~ he1~:, amended by 11" The Acts Shortening Act Amendment ActShortening of 1903 ") and placed therein after the paragraph relating Act of 1867." to the word" estate" :- "unless the context otherwise requires, the word Burial. " burial" shall include any cremation duly performed under the provisions of t" The Cremation Acts, 1913 to 1935 " (or any Act amending the same) and without limiting the generality of this provision all Acts and laws relating to the registration of deaths shall be read and construed accordingly and" ° passm . (2g.) T f hti h s · IS se A ct C i t o . n shall take effect as and from the 00 j Pseerca t 1 I ! o O n n . * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq. t 4 Geo. V. No. 16, supra, page 5850, and 26 Geo. V. No. 28 {this Act). t 21 Geo. v. No. 17, supra, page 12937. § 31 Vie. No. 6, supra, page 15. 11 3 Edw. VII. No. 10, 8upra, page 21.