Cremation Act 1891 (SA)

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(Reprint No. 4)

South Australia

CREMATION ACT 1891

An Act to regulate the process of cremation.

This Act is reprinted pursuant to the Acts Republication Act 1967 and incorporates all amendments in force as at 6 July 2000.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.

CREMATION ACT 1891

being

Cremation Act 1891 No. 520 of 1891

[Assented to 19 December 1891]

as amended by

Cremation Act Amendment Act 1918 No. 1333 of 1918 [Assented to 21 November 1918]
Statute Law Revision Act 1936 No. 2293 of 1936 [Assented to 8 October 1936]
Cremation Act Amendment Act 1964 No. 15 of 1964 [Assented to 17 September 1964]
Cremation Act Amendment Act 1981 No. 82 of 1981 [Assented to 26 November 1981]
Statutes Amendment (Public and Environmental Health) Act 1987 No. 37 of 1987 [Assented to 23 April 1987]1

Cremation Act Amendment Act 1988 No. 34 of 1988 [Assented to 21 April 1988]

Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994 No. 59 of 1994 [Assented to 27 October 1994]2

Births, Deaths and Marriages Registration Act 1996 No. 6 of 1996 [Assented to 4 April 1996]3

South Australian Health Commission (Administrative Arrangements) Amendment Act 2000 No. 34 of 2000 [Assented to 6 July 2000]4
1 Came into operation 1 July 1991: Gaz. 6 June 1991, p. 1776.
2 Came into operation 1 January 1995: Gaz. 8 December 1994, p. 1942.
3 Came into operation 3 June 1996: Gaz. 23 May 1996, p. 2534.
4 Schedule 1 (cl. 5) came into operation 6 July 2000: Gaz. 6 July 2000, p. 5.

NOTE:

Asterisks indicate repeal or deletion of text.
Entries appearing in bold type indicate the amendments incorporated since the last reprint.
For the legislative history of the Act see Appendix.

SUMMARY OF PROVISIONS

1.                   Short title

1A. Interpretation
2. Crematoria may be established
3. Applicant to fulfil certain requirements
4. Cremation, when illegal, etc.
5. Issue of cremation permit
5A. Certificate where death occurs in other State of Commonwealth
6. Relatives, etc. may object to cremation in cases where not directed by deceased person
7. Interested persons not to give certificates
8. Attorney-General may forbid cremation, etc.
9. Consent of cemetery authorities to application for a crematorium
10. Regulations

APPENDIX
LEGISLATIVE HISTORY

The Parliament of South Australia enacts as follows:

Short title

1. This Act may be cited as the Cremation Act 1891.

Interpretation

1A. In this Act, unless the contrary intention appears—

"crematorium" means a place for the cremation of human remains;

"medical practitioner" means a person registered as a medical practitioner under the Medical

Practitioners Act 1983;

"registrar" means the Registrar of Births, Deaths and Marriages or a Deputy Registrar of

Births, Deaths and Marriages.

Crematoria may be established

2. Subject to this Act, a crematorium may be established if—

(a)

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.