Cremation Variation Regulations 2006 (SA)

South Australia

Cremation Variation Regulations 2006

under the Cremation Act 2000

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Cremation Regulations 2001

1. Variation of regulation 4—Interpretation

2. Variation of regulation 5—Forms

3. Variation of regulation 6—Application for cremation permit

4. Variation of Schedule—Forms

5. Insertion of Schedule 2

   Schedule 2—Application fees for cremation permits

Part 1—Preliminary

1—Short title

These regulations may be cited as the Cremation Variation Regulations 2006.

2—Commencement

These regulations will come into operation on the day on which Part 4 of the Statutes Amendment (Disposal of Human Remains) Act 2006 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Cremation Regulations 2001

4—Variation of regulation 4—Interpretation

Regulation 4(2)—delete "the Schedule" and substitute:

Schedule 1

5—Variation of regulation 5—Forms

1. Regulation 5(1)—delete "the Schedule" and substitute:

   Schedule 1

2. Regulation 5(2)—delete "the Schedule" first occurring and substitute:

   Schedule 1

6—Variation of regulation 6—Application for cremation permit

Regulation 6(b)—delete paragraph (b) and substitute:

(b)must be lodged with the Registrar; and

(c)if the application is made under section 6(2) of the Act, must be accompanied by—

(i)the following information:

(A)the date and time of the deceased's death;

(B)the place of death (for example, the deceased's place of residence or the hospital, nursing home, lodgings, etc, where the deceased died);

(C)whether the applicant is—

•the executor or administrator of the deceased's estate; or

•a near relative of the deceased (specifying the relationship); or

•a person of or over the age of 18 years (specifying the reasons why the applicant is making the application);

(D)whether the deceased left written directions as to the mode of disposal of his or her remains and, if so, details of the directions;

(E)whether there has been any objection to the proposed cremation by the personal representative or a spouse, parent or child of the deceased;

(F)whether the applicant knows, or has reason to believe, that the death of the deceased was not due to natural causes and, if so, details of the cause of death;

(G)the name and address of the doctor who ordinarily attended the deceased;

(H)whether there is to be a post mortem examination of the body of the deceased;

(I)whether there is to be an inquest or inquiry into the death of the deceased;

(J)the name of the crematorium at which it is intended that the deceased's body will be cremated;

(K)the name of the person to whom the cremation permit is to be issued; and

(ii)the relevant fee set out in Schedule 2; and

(d)if the application is made under section 6(3)(b) of the Act, must be accompanied by—

(i)the following information:

(A)whether the applicant is—

•the executor or administrator of the deceased's estate; or

•a near relative of the deceased (specifying the relationship); or

•a person of or over the age of 18 years (specifying the reasons why the applicant is making the application);

(B)the reason why none of the documents required to accompany an application for a cremation permit under section 6(2) of the Act can be produced;

(C)whether the applicant knows of any reason why the cremation permit should not be issued; and

(ii)the relevant fee set out in Schedule 2.

7—Variation of Schedule—Forms

1. Schedule, Form 1—delete Form 1 and substitute:

2. Schedule—redesignate the Schedule as Schedule 1

8—Insertion of Schedule 2

After the Schedule insert:

Schedule 2—Application fees for cremation permits

Application for cremation permit—
(a)    if the application is made under section 6(2) of the Act	$35.25
(b)    if the application is made under section 6(3)(b) of the Act	$70.50

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 20 July 2006

No 193 of 2006

AGO0165/05CS