Cremation Acts Amendment Act of 1961 (10 Eliz ll No. 37) (Qld)

143 @uccnslmtb ANNO DECIMO . E .. L .. I . Z .. A .. B .. E .. T .. H .. A .. E ..... S . E ... C .. U .. N .. D ... A .. E .... R ... E .. G .. I . N .. A .. E .. No. 37. An Act to Amend "The Cremation Acts, 1913 to 1958," in certain particulars. [ASSENTED TO 11TH DECEMBER, 1961.] B E it enacted by the Queen's Most Excellent :Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Cremation Short title. Acts Amendment Act of 1961." (2.) "The Cremation Acts, 1913 to 1958," are in Principal this Act referred to as the Principal Act. Act. (3.) The Principal Act and this Act may be ~ollective collectively cited as " The Cremation Acts, 1913 to 1961." title. * ( 4.) This Act shall come into operation on a date to Comme1;-ce- be fixed by the Governor in Council by Proclamation X::ft of published in the Gazette. * Commenced 3 Feb. 1962. (Proc. pubd. Gaz. 3 Feb. 1962, p. 389).

144 Cremation Acts Arnendment Act 10 ELIZ. II. No. 37, Amendments ofs. 2. 2. Section two of the Principal Act is amended- (i.) By repealing therein the definition " Commissioner ", and by inserting, in lieu of that repealed definition, the following definitions :- Area. " "Area "-An Area under and within the meaning of " The Local Government Acts, 1936 to 1960," and, in relation to the City of Brisbane, the Area thereof as defined by " The City of Brisbane Acts, 1924 to 1960 " ; Cemetery. " Cemetery "-A cemetery in respect whereof trustees are appointed pursuant to the " Cemetery Act 1865," or a cemetery established by or under the control of a Local Authority ; Crematorium license. " Crematorium license "-A license authorising the establishment of a crematorium and the use thereof for the purposes of cremation ; " ; Establish. (ii.) By inserting after the definition " Cremation " therein, the following definitions :- " " Establish "-In relation to a crematorium includes commence to establish, continue to establish, carry out or carry on the establishment and do or take or permit or allow to be done or taken any thing or step for or in connection with the establishment or commencement, carrying out, carrying on or continuance of the establishment ; Holder. "Holder "-In relation to any crematorium license under this Act, the person to whom the license is granted or transferred pursuant to this Act and any person upon, to or in whom the license devolves or is assigned or vested by operation of law; Inspector, " Inspector "-With respect to the Area of any Local Authority, any officer of the Local Authority appointed by it in that behalf either generally or in the particular case ;

1961 Cremation Acts Amendment Act 145 " License "-A license granted under this Act License. and in force at the material time, and, with reference to any particular provision of this Act, a license of the description appropriate to that provision; " Local Authority "-The Local Authority for Local . the Area wherein the crematorium is Au th0 r 1ty. established or proposed to be established: The term includes Brisbane City Council; " Premises "-Includes any land, whether Premises. improved or unimproved, and whether open or enclosed, and any building or other structure whatsoever ; '' ; (iii.) By repealing therein the definitions "Governor", " Prnscribed ", and " Registrar ". 3. Sections three and four of the Principal Act are Reral of repealed and in lieu thereof the following sections are ;:n~e; ss. inserted:- " [3.] (1.) A person shall not- Liab~lity relatmg to (a) Establish any crematorium the establishment establishing whereof . has _not been authorised by a :rematorium crematormm license granted by the Local unlawfully. Authority under this Act; or (b) Establish any crematorium contrary in any respect to the plans and specifications and other information and particulars identified in the crematorium license whereby the Local .Authority authorised the establishment of that crematorium; or (c) Establish any crematorium contrary in any respect to the terms and conditions specified in the crematorium license whereby the Local .Authority authorised the establishment of that crematorium. Penalty: Not less than two hundred pounds and, subject to that minimum, not exceeding fifty pounds for each and every day during which the offence continues. (2.) The Local Authority may by notice given in writing direct any person convicted of an offence against subsection (I) of this section to remove, within such time as the Local Authority specifies in the notice, any building or structure whatsoever constructed for use as a crematorium and to restore the site thereof

146 Cremation Acts Arnendment Act 10 ELIZ. II. No. 37, and any building or structure whatsoever thereon immediately prior to the commencement of the offence to, as nearly as practicable, its condition immediately prior to such commencement. A person to whom a notice under this subsection is given shall comply in every respect with the direction therein contained. Penalty : Fifty pounds for each and every day during which the person in question fails in any respect to comply with the direction contained in the notice. Licenso [4.] A person who proposes to establish a :i~;:d crematoriumshall, before commencing that establishment, commence. apply for and obtain the provisional approval and, emsetanbtliosfh- subject to obtaining that provisional approval, the ment of~- crematorium license therefor prescribed by this Act." crematorium. New ss. 4. The following sections are inserted after section 4 in A searntded 4 . B four of the Principal Act, as previously inserted by this Act:- Application " [4A.] ( 1.) Application in writing for provisional f to or ricurmema- approval for the establishment of a crematorium shall licenses. be made to the Local Authority and shall- (a) Be in or to the effect of the prescribed form ; (b) Contain or be accompanied by, according as may be prescribed, the prescribed information and particulars ; and (c) Be accompanied by the prescribed fee. Local (2.) The Local Authority may require the applicant mAuatyhorerqituyire to furnish to it, within such period as may be specified, all further such further information and particulars as it thinks fit in .information. the particular circumstances of the case, including (but without limiting its powers under this subsection) information and particulars satisfying the Local Authority that the applicant can, in the event of the Local Authority granting a crematorium license, establish and maintain a crematorium in accordance with his application. (3.) All information and particulars shall be authenticated in the manner required by the Local Authority.

1961 Cremation Acts Amendment Act (4.) Upon receipt of an application the Local Authority may cause to be made such inquiries as it thinks fit for the purpose of determining whether or not the application shall be granted. (5.) If- (a) The applicant fails to furnish any information or particulars required under subsection (2) of this section within the time so specified by the Local Authority ; (b) The information or particulars furnished by the applicant fail to satisfy the Local Authority; (c) Save where the site upon which it is proposed to establish the crematorium is situated in a cemetery or burial-ground and the consent in writing thereto of the persons having control and management of such cemetery or burial-ground has been obtained, the applicant fails to satisfy the Local Authority that he holds, or will within a period of time approved by the Local Authority hold, the proposed site upon a tenure adequate in the opinion of the Local Authority for the purpose ofthe establishment and maintenance thereon of the crematorium ; (d) The Local Authority is satisfied that the establishment of the proposed crematorium would be contrary to the requirements of any town planning scheme having the force of law under the provisions of section thirty- three of "The Local Government Acts, 1936 to 1960," or, in the case of Brisbane City Council, any Town Plan for the City of Brisbane, having the force of law under the provisions of " The City of Brisbane ( Town Plan) Act of 1959 " ; or (e) The Local Authority is satisfied that the establishment of the crematorium upon the proposed site thereof would be a contravention or failure to comply with any provision of any Order in Council made pursuant to section 33A of " The Local Government Acts, 1936 to 1960," or, in the 147

148 Cremation Acts Amendment Act 10 ELIZ. IL No. 37, case of Brisbane City Council, any ordinance made pursuant to section twelve of " The City of Brisbane (Town Plan) Act of 1959 ", the Local Authority may without further proceedings refuse the application. Notice of application for license to be advertised. (6.) Unless the application is refused under subsection (5) of this section, the Local Authority shall, by notification published once in the Gazette, and. three times at an interval of not less than seven days between each such publication in a newspaper circulating in the Area of the Local Authority and posted on some conspicuous part of the premises whereon it is proposed to establish the crematorium, notify that the application has been received by the Local Authority. The notification shall be in or to the effect of the prescribed form, contain the prescribed particulars, and appoint a day (the day to be not less than twenty-eight and not more than forty-two days from the date of the first publication of the notification in a newspaper pursuant to this subsection) on or before which objections to the granting of the application may be lodged with the Local Authority. Copy of plans to be open to inspection. (7.) A sketch plan and a site plan (drawn to such a scale as to be easily legible and showing the scale thereof) of the proposed erematorium shall be open to inspection at the office of the Local Authority during the period between the date of the first publication of the notification referred to in subsection (6) of this section and the date specified in that notification for the lodgment of objections. Objections. [4B.] (1.) Any objection to the granting of the application for provisional approval for the establishment of a crematorium may be lodged with the Local Authority by any person whomsoever likely to be affected by that establishment. (2.) Any such objection shall not be valid unless- (a) It is lodged with the Local Authority on or before the date appointed pursuant to subsection (6) of section 4A of this Act for the lodgment of objections to the granting of tho application in question (hereinafter in this section referred to as ~, the closing date for objections ") ;

1961 Cremation Acts Amendment Act 149 (b) It is in writing; and (c) It states the grounds for the objection and sets out or is accompanied by a statement setting out the facts and circumstances on which the objector relies to support those grounds. (3.) If no valid objection is lodged with the Local If!1°. Authority, the Local Authority shall as soon as practicable ~~:~ion after the closing date for objections, determine whether or not the application shall be granted. (4.) Where any valid objection is received by the If objection Local Authority, the Local Authority shall, within the made. prescribed time, cause notice of the objection to be given in the prescribed manner, to the applicant. (5.) The notice shall be accompanied by a copy of the objection and of the statement, if any, referred to in paragraph (c) of subsection (2) of this section. (6.) The applicant may, within such period as may be specified in the notice, lodge with the Local Authority a statement in writing setting out the facts and circumstances on which he relies to answer the contentions of the objector. (7.) The Local Authority shall, as soon as practicable after the expiration of the period referred to in subsection (6) of this section, consider the application and determine whether or not the application shall be granted." 5. The following sections are inserted after section New ss. 4o 4n of the Principal Act, as previously inserted by this ~:!r~~d. Act:- t h e L"o[c4acl. ] Au (1 t . h ) orS1. utybjmectatyo-subsection (2) of this section, f a G o p r r p a h i! c t e o t1 ~ on ~;~:~s!~ a (a) Refuse the application for provisional approval 1 1 for the establishment of a crematorium; or (b) Grant the applica.tion in whole or in part and, in either such case, with or without modifications, and subject to the condition prescribed by subsection (3) of this section and to such other terms and conditions, if any, as, the Local Authority deeming fit, are specified in the provisional approval.

150 Cremation Acts Amendment Act 10 ELIZ. IL No. 37, (2.) Save where the site upon which it is proposed to establish the crematorium is situated in a cemetery, the Local Authority shall refuse the application where a valid objection is received from the owner or occupier of any house or land for that any building or other structure proposed to be used as or for the purposes of the crematorium is, or when erected will be, situated within one hundred yards of that house or land and the applicant fails to satisfy the Local Authority- (a) That all such buildings or other structures are not, or will not be, so situated; or (b) That the objection has been withdrawn. Condition of (3.) Every provisional approval shall be granted appropvroisvioaln. al subject to a condition which shall be specified therein that the applicant will complete the establishment of the proposed crematorium (including the furnishings and equipment thereof) in accordance with such requirements as the Local Authority shall specify. For the purposes of this subsection the term "applicant" shall mean the person to whom the provisional approval in question was granted and any person upon, to or in whom the approval devolves, or is assigned or vested, by operation of law. Notice of [4D.] (J.) The Local Authority shall give to the papropvriosvioaln.al applicant notice in writing of the decision upon the application. (2.) If the Local Authority grants an application for provisional approval of a proposal for the establishment of a crematorium, the notice given to the applicant pursuant to subsection (1) of this section shall specify- (a) Whether or not the application has been granted in whole or in part and, if in part, the extent to which it has been granted; (b) The modifications 9 if any, subject to which the approval has been granted; (c) The terms and conditions, if any, subject to which the approval has been granted; and (d) The period of time within which the applicant shall comply with the requirements of section 4F of this Act.

1961 Cremation Acts Amendment Act 151 (3.) The Local Authority may, at its absolute discretion, fix, and to the extent it deems fit upon an application in that behalf from time to time extend or further extend the period of time referred to in paragraph (d) of subsection (2) of this section, and any reference in this Act to that period of time shall be deemed to refer to the same as fixed or, as the case may be, extended for the time being, by the Local Authority. The Local Authority shall give to the applicant concerned notice in writing of any such extension. (4.) A provisional approval of a proposal for the establishment ofa crematorium shall not be transferable." 6. The following sections are inserted after section New ss. 4E 4D of the Principal Act, as previously inserted by this ~~~rf!d. Act:- " [4E.] (1.) Subject to this Act, the Local Authority Grant and may grant and transfer crematorium licenses under this ~t{I!!:~ Act. to establish (2.) Where a crematorium license that is granted :;:~!e O r· subject to terms and conditions is transferred the license nun. notwithstanding the transfer thereof shall, unless the Local Authority otherwise directs, continue to be subject to those terms and conditions. (3.) Every crematorium license shall take effect J?mation of from the date specified in that behalf in the license and, hcense. subject to this Act, shall continue in force without limitation of time. (4.) Every crematorium license issued shall, in Authority a dd l •t• 10n t O authOT•IS•ing the est abl I ' S h ment O f' a cuopnofnerhroedlder crematorium, authorise the holder thereof to use, subject of a license. to this Act, the crematorium for the purposes of cremation. (5.) Every crematorium license shall specify- ~orm of (a) The name of the person to whom the license license. is granted; (b) The date whereon the license comes into force; and (c) The premises whereon or wherein the holder thereof is thereby authorised to establish a crematorium and use the same for the purposes of cremation. (6.) Every crematorium license and every transfer of a crematorium license under this Act shall be in or to the effect of the prescribed form.

152 Cremation Acts Amendment Act 10 ELIZ. II. No. 37, (7.) A crematorium license shall not authorise the holder thereof to establish a crematorium or to use a crematorium for the purposes of cremation other than in or upon the premises specified in the license but the same person may apply for and be granted two or more crematorium licenses, respectively, in respect of different premises. Grant of [4F.] (1.) Every applicant who has obtained trematorium urovisional approval of a proposal for the establishment icense. ~f a crematorium shall, within the time specified in the notice given to him pursuant to section 4n of this Act, take and do all such steps and things as are prescribed for obtaining the grant by the Local Authority of a crematorium license for the establishment of the crematorium, including the furnishing to the Local Authority of all such plans, specifications and other information and particulars as may be prescribed or, in so far as not prescribed, required by the Local Authority as it thinks fit in the circumstances of the particular case, including plans and specifications of, and other information and particulars relating to the matters and things proposed to be provided to comply with the terms and conditions of the provisional approval. All plans, specifications and other information and particulars shall be authenticated in the manner required by the Local Authority. (2.) If an applicant granted provisional approval of a proposal for the establishment of a crematorium fails to comply in every respect with the requirements of subsection (1) of this section within the period of time, or any extension thereof, specified in the notice given to him pursuant to section 4n of this Act, that provisional approval shall thereupon and thereby lapse and become and be void and of none effect. (3.) If an applicant granted provisional approval of a proposal for the establishment of a crematorium complies in every respect with the requirements of the provisional approval and subsection (1) of this section and the plans and specifications and other information and particulars pertaining to the establishment of the crematorium so submitted are satisfactory to the Local Authority, the Local Authority may grant a crematorium license for the establishment of the crematorium in accordance with those plans and specifications and other

1961 Cremation Acts Amendment Act 153 information and particulars subject to the conditions prescribed by subsection (4) of this section and to such other terms and conditions (if any) as, the Local Authority deeming fit, are specified in the license. The crematorium license shall identify in such manner as the Local Authority deems sufficient, the aforementioned plans and specifications and other information and particulars. (4.) Every crematorium license shall, unless the Conditions Local Authority otherwise determines, be granted subject ~!r~:;3~na.- to the following conditions which shall be specified license. therein:- (a) That the applicant will complete the establishment of the proposed crematorium (including the furnishings and equipment thereof) in accordance with the requirements of the Local Authority specified in the crematorium license; (b) That the applicant will at all times to the satisfaction of the Local Authority maintain or cause to be maintained the crematorium (including the furnishings and equipment thereof) in good order and condition; (c) That the applicant will at all times to the satisfaction of the Local Authority provide or cause to be provided at the crematorium a sufficient number of attendants ; (d) That the applicant will do and perform or cause to be done and performed or refrain from doing and performing or cause to be refrained from being done and performed all such acts and things as, having regard to the public inteTest, the Local Authority, deeming fit, shall specify in the crematorium license. The Local Authority may, on the application of the holder of the crematorium license at any time rescind, vary or otherwise modify any such condition to which the crematorium license is subject. For the purposes of this subsection the term "applicant" shall mean the person to whom the crematorium license in question. was granted or the heirs, successors, or assigns of such person.

154 Cremation Acts Amendment Act 10 ELIZ. IL No. 37, Saving of exist,ing licenses. (5.) Every license granted, given or issued under the provisions of " The Cremation Acts, 1913 to 1958," in respect of a crematorium and subsisting at the commencement of "The Cremation Acts Amendment Act of 1961," shall continue in force subject to this Act and be deemed to be a crematorium license granted thereunder to the holder thereof with respect to that crematorium unless or until it is cancelled, suspended or surrendered pursuant to this Act." aNinnesdwe4rtsHesd. . 4o 4F of 7. thTehPe rfionlcliopwailngAcste, ctaisonpsreavreiouinsslyertiendsearftetedr bsyecttihoins Act:- Transfer " [ 4G.] (1.) Application in writing for a transfer ~!ematorium of a crematorium license shall be made to the Local licenses. Authority and shall- (a) Be in or to the effect of the prescribed form; (b) Contain or be accompanied by, according as may be prescribed, the prescribed information and particulars ; and (c) Be accompanied by the prescribed fee. (2.) The Local Authority may require the applicant to furnish to it, within such period as may be specified, all such further information and particulars as it thinks fit in the particular circumstances of the case. (3.) Upon receipt of the application the Local Authority may cause to be made such inquiries, as it thinks fit, for the purpose of determining whether or not the application shall be granted. (4.) The Local Authority may- (a) Refuse the application; or (b) Grant the application subject to such terms and conditions, if any, as the Local Authority deeming fit, are specified in the transfer. Te~s.and [4H.] (1.) The terms and conditions imposable ~ ~ ~ ! ~ ~ ~ ~ i: : by the Local Authority under sections 4c, 4F, 4G and 4N licenses, of this Act may be imposed by it at its absolute discretion, &c. and differently in respect of different provisional approvals and different crematorium licenses. (2.) The Local Authority, as it deems fit, may from time to time, by notice in writing rescind, vary or otherwise modify any of the terms and conditions to

1961 Cremation Acts Amendment Act 155 which a crematorium license is subjected for the time being, or impose any terms and conditions to which the license is not then subjected. Every notice under this subsection shall be deemed to be included in and to form part of the license to which it relates. (3.) The determination of the Local Authority that provisional approval for the establishment of a crematorium, a crematorium license, the transfer of a crematorium license, or an application for an approval required to be obtained under section 4M of this Act shall or shall not be granted, as the case may be, shall be final and conclusive of that matter and it is hereby declared that the Local Authority may act in the matter according as it, in its absolute discretion, deems fit." 8. The following sections are inserted after section New ss. 4r, 4H of the Principal Act, as previously inserted by this fr~s:~:lK Act:- " [4r.J (1.) If it appears to the Local Authority Suspension that default has been made in complying with any term ~~ncellation or condition of a crematorium license the Local Authority of may, by not w . e m· wri· t· mg, ca 11 upon the person I·n de1 c auIt lcirceemnsaet. orium to show cause why the license to which the term or condition applies should not be cancelled or suspended. (2.) The Local Authority may, upon being satisfied that default has been made in complying with any such term or condition, cancel or suspend the crematorium license in question but no cancellation or suspension shall be made until after the expiration of one month from the service of the notice to show cause. (3.) Upon the cancellation of a crematorium license, that license shall become void and of none effect whatsoever. Suspension of such a license shall, whilst it is in force, have the same effect as a cancellation of the license and the Local Authority may, when suspending a license, fix the period of its suspension or it may suspend it without fixing the period of its suspension. (4.) The Local Authority may cancel or suspend any crematorium license upon default made in complying with any term or condition of the license notwithstanding that the holder has not been proceeded against for any offence constituted by the default.

156 Cremation. Acts Amendment Act 10 ELIZ. IL N 0. 37' Licensee to comply with terms and conditions of licenses. Licensees and occupiers to sllow entry and inspection. [4J.] If default is made in complying with any of the terms and conditions of a cremation license, the holder of the license shall be guilty of an offence against this Act. Penalty: Fifty pounds and (if the offence is a continuing one) a further penalty of five pounds for each and every day during which the offence continues. [4K.] A holder of a crematorium license, and a person in charge, or apparently in charge, of a crematorium, shall furnish to any inspector all reasonable assistance and all such information which he is capable of furnishing or as required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act." New ss. 4L, 9. The following sections are inserted after section i 4 n M seartnedd. 4N 4K of the Principal Act, as previously inserted by this Act:- No cremation without license or on unlicensed premises. " [4L.] ( 1.) A person shall not- (a) Save under the authority of and in compliance in every respect with the requirements of a permit in writing issued for the purposes of this paragraph (a} by a member of the Police Force at the direction of the Minister of the Crown for the time being administering this Act, without the authority of a crematorium license, cremate any human body ; (b) Being the holder of a crematorium license, use any premises or other pla.ce whatsoever not specified in the license for the purpose of cremation. Penalty: Five hundred pounds or imprisonment with hard labour for six months. (2.) A member of the Police FOl'ce if so directed by the Minister of the Crown for the time being admjnistering this Act, may issue permits subject to such terms and conditions as the Minister deeming fit directs, for the purposes of paragraph (a) of subsection one of this section. (3.) This section shall be in addition to and not in substitution for or in diminution of " The Coroners Act of 1958," or any other enactment of this Act.

1961 Cremation Acts Amendment Act 157 [4M.] Where the holder of a crematorium license Construction is desirous of- of new crematorium (a) Constructing a new crematorium in lieu of ~fterations the crematorium in respect whereof he holds to existing the license (in this section referred to as~:::. the "existing crematorium") and which is rendered unfit for use as a crematorium by fire, tempest, or other calamity; or (b) For the purpose of providing increased accommodation, carrying out projected alterations, renovations, repairs, or additions to, or the rebuilding of, the existing crematorium; or (c) For the purpose of providing properly and adequately for the requirements of the locality served by the crema.torium, providing a new crematorium and discontinuing the use of the existing crematorium then before commencing the construction or provision of a new crematorium, or the projected alterations, renovations, repairs, additions to, or rebuilding, the holder of the crematorium license shall make application for and obtain the approval of the Local Authority for the construction or provision of a new crematorium or the carrying out of the projected alterations, renovations, repairs, additions to, or rebuilding of, the existing crematorium. r 4N.] (1.) Application in writing for an approval Application reqm . re d to b e o b tam . e d un d er sect1 . 0n 4M of t h" 1s A ct foofr approval shall be made to the Local Authority and shall-- cofnstruction o new (a) Be in or to the effect of the prescribed form ; crematorium, (b) Contain or be accompanied by, according &c. as may be prescribed, all such plans, specifications and other information and particulars as may be prescribed ; and (c) Be accompanied by the prescribed fee. (2.) The Local Authority may require the applicant Local . t 0 . furn1 . sh t O 1" t, W " l thin SUC h pen.od as may be speCI" fled , Amuatyhorerqituyire all such further plans, specifications and other information ~urther . and part i " cu 1 ars as 1" t thin ks fit m. t,he parti.cu 1 ar informat10n. circumstances of the case.

158 Cremation Acts Arnendrnent Act 10 ELIZ. IL No. 37, (3.) All plans, specifications, and other information and particulars shall be authenticated in the manner Authenti- required by the Local Authority. cation of plans, &c. (4.) The Local Authority may and, save where the site upon which the crematorium is established, Advertising or upon which it is proposed to construct or provide the oobfJ~ 0nCdt1. ons t o new • c . rematorium, is situated in a cemetery, shall if any application. bmldmg or other structure of the proposed new crematorium or the crematorium as altered, renovated, repaired, added to or rebuilt in accordance with the application will be situated within one hundred yards of any land or house whereof the applicant is not the owner or occupier, direct that the provisions of subsections (5), (6) and (7) of section 4A and of section 4B of this Act shall be applicable to an application for an approval required to be obtained under section 4M of this Act and thereupon those provisions shall with and subject to all necessary adaptations apply to and with respect to that application. (5.) Subject to subsection (6) of this section, the Local Authority may- (a) Refuse the application for an approval required to be obtained under section 4M of this Act ; (b) Grant the application in whole or in part and, in either such case, with or without modifications, and subject to the condition prescribed by subsection (7) of this section and to such other terms and conditions, if any, as the Local Authority deeming fit, are specified in the grant of approval. (6.) Save where the site upon which the crematorium is established, or upon which it is proposed to construct or provide the new crematorium, is situated in a cemetery, the Local Authority shall refuse the application where a valid objection is received from the owner or occupier of any house or land for that any building or other structure of the proposed new crematorium or the crematorium as altered, renovated, repaired, added to or rebuilt in accordance ·with the application will be situated within one hundred yards of any land or house whereof the applicant is not the owner or occupier and the applicant fails to satisfy the Local Authority- (a) That all such buildings or other structures will not be so situated; or (b) That the objection has been withdrawn.

1961 Crernat-ion Acts Amendment Act 159 (7.) Every grant of approval shall be made subject to a condition which shall be specified therein that the applicant will complete the construction or provision of a new crematorium or the carrying out of the projected alterations, renovations, repairs, additions to, or rebuilding of, the existing crematorium, as the case may be, in accordance with such requirements as the Local Authority shall specify in the approval. (8.) A grant of an application for an approval Endorsement required to be obtained under section 4M of this Act, ~ ~ fFc~~~;~ 1 including any terms and conditions subject to which it is granted, shall be deemed to be included in and form part of the crematorium license to which it relates." IO. The following sections are inserted after section New ss. 4o 4N of the Principal Act, as previously inserted by this r::!~!d. Act:- " [4o.] (1.) Any inspector, in addition to such other rowers 0 r powers and du t i . es as f rom t 1 ' me t o t 1 ' me d evolve upon mspectors. him under this Act, may- (a) Call to his aid any person he may think competent to assist him in making any inspection or examination; (b) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act (other than the provisions of sections five, 5A, six, seven, eight and ten thereof) and the by-laws or ordinances made thereunder have been or are being complied with by any person or in respect of any crematorium ; (c) Require the production of any license, certificate, book or record which by the provisions of this Act (other than the provisions of sections five, 5A, six, seven, eight and ten thereof) and the by-laws or ordinances made thereunder is required to be had or kept or which is in his opinion, material to any inquiry by him under this Act and inspect, examine and take copies of or extracts from the same ;

160 Cremation Acts Amendment Act 10 ELrz. II. No. 37, (d) Question, with respect to matters relative to due compliance with the provisions of this Act (other than the provisions of sections five, 5A, six, seven, eight and ten thereof) and the by-laws or ordinances made thereunder, the owner or occupier of any premises or place referred to in paragraphs (e) and (j) of this subsection, to ascertain whether the provisions of this Act (other than the provisions of sections five, 5A, six, seven, eight and ten thereof) and the by-laws or ordinances made thereunder, have been or are being complied with and require any such person to answer the questions put and to sign a declaration of the truth of his answer; (e) Enter and inspect any premises in respect of which a crematorium license under this Act has been granted and examine and make extracts from any records required to be kept under the by-laws or ordinances made under this Act ; (/) Enter and search any premises or other place whatsoever which is being used or which he had reasonable grounds for believing is being used for the purpose of cremation; and (g) Exercise such other powers and authorities as may be prescribed. Appoint- ment of inspectors. (2.) A Local Authority may appoint (either generally or in a particular case) an officer of the Local Authority to be an inspector for the purposes of this Act (other than sections five, 5A, six, seven, eight and ten). Obstructing an inspector, &c. [4P.] ( 1.) A person shall not- (a) Assault, resist or obstruct an inspector in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; or (b) Fail to answer any question put to him in pursuance of this Act by an inspector or give to any such question an answer which is in any respect false or misleading ; or (c) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector ; or

1961 Cremation Acts Amendment Act 161 (d) When required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish information which is in any respect false or misleading ; or (e) Fail, without reasonable excuse the proof whereof shall lie upon him, to produce any license, certificate, book or record, which he is required under this Act by an inspector to produce, or fail to allow an inspector to take a copy of or extract from any such license, cert.ificate, book or record ; or (f) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do; or (g) Use any threat or any abusive or insulting language to any inspector or to any other person with respect to any inspection or examination or questioning pursuant to this Act. Penalty: One hundred pounds. (2.) No person shall be required under this Act to answer any question or give any information or to sign any declaration tending to criminate himself. (3.) In this section, the term " inspector " includes any person acting under lawful authority under or pursuant to this Act." 11. Subsection four of section five of the Principal Amendments Act is amended- of s. 5 (4). (a) by omitting the words " Home Secretary " and inserting in their stead the words " Minister for Health and Home Affairs''; and (b) by adding thereto the following paragraph:- " This subsection applies so as not to require the officer in charge of any crematorium to keep at the office thereof any such permission or certificate after the expiration of fifteen years from the date of the cremation to which it relates."

162 Cremat£on Acts Amendment Act 10 ELIZ. IL No. 37, oAfms. en1d0m( 1e) n. t Act 1 is 2. amSuenbsdeecdtiobny oonme iotftinsegcttihone twenorodfs th" ethPisrinAcicpta"l wheresoever those words occur and by inserting, in lieu of those words wheresoever omitted, the words" sections five, 5A, six, seven and eight of this Act ". Amendments of B. 10A. 13. Section lOA of the Principal Act is amended- (a) By renumbering that section as subsection (1); and (b) By adding to that section (as so renumbered) at the end thereof the following subsections :- " (2.) A person who- (a) Does that which by or under this Act he is forbidden to do ; or (b) Does not do that which by or under this Act he is required or directed to do ; or (c) Otherwise contravenes or fails to comply with any provision of this Act, shall be guilty of an offence against this Act. (3.) A person who is guilty of an offence against this Act shall be liable on conviction to a penalty or punishment not exceeding the penalty or punishment expressly mentioned as the penalty or punishment for the offence, or if a penalty or punishment is not so mentioned, to a penalty not exceeding fifty pounds. (4.) The penalty or punishment, pecuniary or other, set out in, or at the foot of, any section or part of a section of this Act shall indicate that the offence is punishable upon conviction by a penalty or punishment not exceeding that so set out and where the penalty or punishment is expressed to apply to a part only of the section, it shall apply to that part only." Repeal of 14. Section eleven of the Principal Act is repealed n s. ew 11 s a s n . d 11, and, in lieu of that repealed section, the following 12 and 13. sections are inserted : - By-Iawa, &c. "[11.] (1.) A Local Authority, with the approval of the Governor in Council, may from time to time make by-laws (or, in the case of Brisbane City Council, ordinances) not inconsistent with this Act, prescribing all matters and things which are necessary or convenient for carrying out and giving effect to this Act other

1961 Cremation Acts Amendment Act than sections five, 5A, six, seven and eight thereof and without limiting the generality of the foregoing provisions of this section, in particular- (i.) Prescribing and regulating and controlling applications for and the granting of provisional approvals for the establishment of a, crematorium and crematorium licenses under this Act and all or any matters or things relating to the surrender, transfer, cancellation, suspension and endorsement of such licenses, and the transfer and transmission of such licenses to persons upon to or in whom the licenses devolve or are assigned or vested by operation oflaw, and the issue of duplicates for any of them which may be lost or destroyed, or whereon the particulars have become illegible; (ii.) Prescribing the matters in respect of which fees shall be payable and the amounts of such fees, prescribing the persons who shall be liable for the payment of such fees, providing for the time and manner of payment of such fees, and for the recovery of any amount thereof not duly paid ; (iii.) Prescribing and regulating and controlling applications for and the granting of approvals required to be obtained under section 4M of this Act; (iv.) Prescribing forms under this Act other than sections five, 5A, six, seven and eight thereof and the respective purposes for which such forms or forms to the like effect shall be used ; (v.) Prescribing types and standards for, and providing for, regulating and controlling the construction of all or any crematoriums including the conversion or structural alteration of buildings used or intended to be used as a crematorium, the lighting, ventilation and maintenance thereof, and equipment, plant, appurtenances and appliances to be used therein and the accommodation and conveniences to be provided thereat; 163

164 Cremation Acts Amendment Act 10 ELiz. II. No. 37, (vi.) Regulating and controlling the process of cremation and the disposal of ashes; (vii.) Providing for the inspection and cleanliness of crematoriums and equipment, plant, appurtenances and appliances therein; (viii.) Providing for the keeping of records and the furnishing of information by those in charge of crematoriums; (ix.) Preventing and suppressing nuisances in connection with crematoriums; (x.) Regulating the conduct of persons using or resorting to crematoriums; (xi.) Regulating and controlling the admission to crematoriums and the expulsion therefrom of persons; (xii.) Safeguarding and in particular securing against trespass, injury, disturbance, obstruction, misuse, or use for or in connection with any purpose not connected with cremation any crematorium or the site whereon it is established ; (xiii.) Regulating and supervising generally the use and conduct of crematoriums; (xiv.) Prescribing the amount of any penalty for any default in complying with any by-law or, as the case may be, ordinance, provided that such penalty shall not exceed one hundred pounds and (if the default is a continuing one) a further sum not exceeding ten pounds for each and every day during which the default continues ; (xv.) All matters required or permitted by this Act other than sections five, 5A, six, seven and eight thereof to be prescribed excepting such a matter (if any) so required to be prescribed, otherwise than by by-law or, as the case may be, ordinance. (2.) The power to make with respect to any crematorium or any other matter or thing whatsoever, any by-law or ordinance under this Act shall include power to make that by-law or ordinance so that it may be of general or specially limited application according to time, place, purposes, class or circumstances, or

1961 Cremation Acts Amendment Act 165 otherwise as is prescribed, and so that any by-law or ordinance of specially limited application may or may not differ from any other by-law or ordinance of specially limited application with respect to the same persons, matters or things. The power to make any by-law or ordinance shall include power thereby to prohibit either generally or to meet particular cases. (3.) Any penalty prescribed by a by-law or ordinance under this Act shall be recoverable in a summary way under " The Justices Acts, 1886 to 1958," and upon recovery shall be paid into the general fund of the Local Authority concerned. (4.) Liability of a person to such a penalty shall not relieve him from any other liability, civil or criminal, save that where an act or omission is an offence against both a by-law or ordinance under this Act and some other Act or law, then the offender may be punished under either but not both. (5.) A by-law or, as the case may be, ordinance under this Act may be revoked, amended, altered, varied or otherwise modified by another such by-law or ordinance. (6.) Every by-law or, as the case may be, ordinance under this Act shall be published in the Gazette and shall take effect on and from the date when so published unless it is thereby, or by another such by-law or ordinance prescribed to take effect on and from a later date (in which event it shall take effect as so prescribed). [12.J Nothing in this Act shall be read so as to Saving. limit or otherwise affect howsoever any provisions of "The Local Government Acts, 1936 to 1960/' and "The City of Brisbane Acts, 1924 to 1960," to the extent to which those provisions empower a Local Authority or the Brisbane City Council to establish and maintain crematoriums. [13.] (1.) No holder of a crematorium license shall Sea.le of fees, commence or mai · n t a1 · n any ac t· IOU or other 1 ega 1 a & p c p ., ro t v o ed be by g proceeding whatsoever for the recovery of fees, rates or 0 ver~r in charges for or in respect of cremation or services in ounci ·

166 Cremation Acts Amendment Act 10 Euz. II. No. 37, 1961 connection with cremation other than fees, rates or charges in accordance with a scale thereof approved from time to time by the Governor in Council and published in the Gazette. (2.) Every scale of fees approved by the Governor under the provisions of " The Cremation Acts, 1913 to 1958," in respect of a crematorium and subsisting at the commencement of" The Cremation Acts Amendment Act of 1961," shall continue in force as fully and effectually as if it had originated under the provisions of subsection one of this section until it is repealed, revoked or cancelled."