Australian Capital Territory Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2003 - SECT 23

    (1)     A person commits an offence if—

        (a)     the person exhumes human remains, or foetal remains, buried in a cemetery; and

        (b)     the person is not authorised to exhume the remains.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     For this section, a person is authorised to exhume human or foetal remains if—

        (a)     a warrant under the Coroners Act 1997 authorises the exhumation; or

        (b)     the chief health officer has given written permission under this section for the exhumation.

    (3)     An offence against this section is a strict liability offence.

    (4)     A person may apply to the chief health officer for permission to exhume human remains buried in a cemetery.

    (5)     The chief health officer may give the permission, either conditionally or unconditionally, if satisfied that it would not be contrary to the interests of public health to give permission.

    (6)     If the chief health officer refuses to give the permission, the chief health officer must give the applicant written notice of the refusal and the reasons for it.