Untitled document

Cemeteries and Crematoria Amendment Regulations 2008

S.R. No. 145/2008

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 145/2008

Cemeteries and Crematoria Act 2003

Cemeteries and Crematoria Amendment Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 25 November 2008

Responsible Minister:

DANIEL ANDREWS
Minister for Health

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Cemeteries and Crematoria Regulations 2005 to provide for changes to definitions as a result of the passing of the Relationships Act 2008.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 December 2008.

4Definitions

(1)In regulation 4(1) of the Cemeteries and Crematoria Regulations 2005[1] for the definition of domestic partner substitute—

"domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);".

(2)For regulation 4(2) of the Cemeteries and Crematoria Regulations 2005 substitute—

"(2)For the purposes of the definition of domestic partner in subregulation (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.".

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ENDNOTES

[1] Reg. 4(1): S.R. No. 76/2005.