Cemeteries Act 2009
Act No. 12 of 2009
An Act to provide for the burial of deceased persons and the control of cemeteries and related purposes
[Assented to 7 July 2009]
BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —
Short title
1. This Act may be cited as the Cemeteries Act 2009.
Commencement
2. (1) Section 1, this section and section 9 commence on the day on which notification of assent to this Act is published in the Gazette.
(2) The remaining provisions of this Act commence on a day or days to be fixed by the Administrator by notice in the Gazette.
3. In this Act―
“cemetery” means that part of the Cemetery Reserve established in accordance with the Public Reserves Act 1997 that is set aside for burial purposes.
“the sexton” means the person appointed in accordance with the Public Reserves Act 1997.
Burial to be in a cemetery
4. The body of a deceased person shall not be buried in any place within the limits of Norfolk Island, other than in the cemetery.
Certificate of Death
5. No burial shall take place unless and until the certificate under section 30 of the Registration of Births, Deaths and Marriages Act 1963 has been obtained and produced to the sexton.
Disposal of dead body contrary to Act
6. Any person who disposes, or attempts to dispose of, or aids or abets in the disposal of a dead body of any person, in contravention of section 4 of this Act, commits an offence.
Penalty ― 20 penalty units.
Offence to cremate without cremation authorisation
7. A person must not cremate bodily remains or assist in the cremation of bodily remains.
Penalty 600 penalty units, or 5 years imprisonment, or both.
Persons damaging graves
8. (1) Any person who unlawfully―
(a) interferes with or damages any grave or tombstone, or
(b) desecrates the cemetery, or
(c) creates any nuisance or disturbance, within the cemetery,
Penalty 20 penalty units, or 3 months imprisonment, or both.
(2) A person convicted of an offence under subsection (1) may be ordered to pay the cost of making good any damages done.
Regulations
9. The Administrator may make Regulations for or with respect to any matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act.
Notified Gazette No. 30 of 2009, 10 July 2009.
Sections 1, 2 and 9 commenced on gazettal (10 July 2009). The remainder will commence on a day fixed by the Administrator and published in the Norfolk Island Gazette.
Printed on the authority of the Administrator.
© Norfolk Island Government 2011
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.
Overview
The Cemeteries Act 2009 was enacted by the Legislative Assembly of Norfolk Island to establish a comprehensive framework for the management and regulation of burials and cemeteries on the island. This Act was introduced to address the need for a clear legal structure governing the burial of deceased persons, ensuring that such practices are carried out in a respectful and controlled manner within designated areas. The policy objective of the Act is to maintain the sanctity and integrity of cemeteries, protect graves and tombstones from damage, and enforce strict regulations on the cremation and unauthorised disposal of human remains. The Act delineates the specific areas where burials are permitted, mandates the requirement of a death certificate before burial, and criminalises the unauthorised disposal of bodies, interference with graves, and unauthorised cremation. This legislative framework aims to uphold the dignity of burial practices and provide legal recourse for any misconduct related to cemetery management on Norfolk Island.
Scope and Application
The Cemeteries Act 2009 of Norfolk Island aims to regulate the burial of deceased persons and the control of cemeteries within the territory. The Act applies to any person who is involved in the burial or attempted burial of a deceased individual on Norfolk Island, and it governs the activities of the sexton, who is appointed under the Public Reserves Act 1997. The geographic reach of this Act is confined to Norfolk Island, a territory under Australian jurisdiction. It stipulates that the burial of deceased persons must occur only in the designated cemetery area of the Cemetery Reserve, established in accordance with the Public Reserves Act 1997. The Act also requires a death certificate under the Registration of Births, Deaths and Marriages Act 1963 to be obtained and presented to the sexton before any burial takes place. Offences outlined in the Act include the unauthorised disposal of a dead body, cremation without proper authorisation, and damaging graves or creating disturbances within the cemetery, each carrying specified penalties. The Administrator has the authority to create regulations that are necessary to implement the provisions of this Act, thereby extending or detailing the application of the legislation through subordinate instruments.
Key Provisions
The Cemeteries Act 2009 (Norfolk Island) sets forth key provisions for the regulation and control of burial practices and cemetery management on Norfolk Island. The Act, which received royal assent on 7 July 2009, establishes that burials must occur in designated cemetery areas (Section 4). Specifically, it prohibits the burial of deceased persons outside the cemetery, ensuring that all burials are conducted within the Cemetery Reserve established under the Public Reserves Act 1997. To proceed with a burial, a Certificate of Death must be obtained and presented to the sexton, the person appointed under the Public Reserves Act 1997 (Section 5).
The Act imposes several obligations on individuals and entities involved in burials and cemetery management. It mandates that any disposal of a dead body contrary to the Act is an offence (Section 6). Additionally, it prohibits the cremation of bodily remains without proper authorization, which is also an offence with stringent penalties (Section 7). The Act further imposes restrictions on actions that interfere with or damage graves, tombstones, or the cemetery itself, as well as those that create nuisances or disturbances within the cemetery (Section 8). Offenders under these sections may face penalties, imprisonment, and orders to compensate for damages.
There are also specified penalties for breaches of the Act. Disposing of a dead body contrary to the Act carries a penalty of 20 penalty units (Section 6). Cremating bodily remains without authorization is a more severe offence, with penalties of up to 600 penalty units, five years imprisonment, or both (Section 7). Similarly, damaging graves, tombstones, or desecrating the cemetery, as well as creating nuisances or disturbances, is punishable by 20 penalty units, three months imprisonment, or both, with the possibility of an order to pay for damages (Section 8). These penalties underscore the seriousness with which the Act treats violations of its provisions.