Australian Capital Territory Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2003 - SECT 6

    (1)     The Minister may, in writing, approve codes of practice for cemeteries and crematoria.

    (2)     A code of practice may make provision in relation to the following matters:

        (a)     burials, exhumations and cremations;

        (b)     the operation of cemeteries and crematoria;

        (c)     the design, construction and maintenance of—

              (i)     buildings, monuments, memorials, tombstones, gravestones, tablets, monumental inscriptions, mausoleums, vaults and other structures and things within cemeteries and crematoria; and

              (ii)     walls, fences, paths, roads, drains and other works of cemeteries and crematoria;

        (d)     without limiting paragraph (c), responsibility for the maintenance of buildings, monuments, memorials, tombstones, gravestones, tablets, monumental inscriptions, mausoleums, vaults and other structures and things within cemeteries and crematoria;

        (e)     the equipment used in cemeteries and crematoria, including its maintenance;

        (f)     the grounds of cemeteries and crematoria, including their maintenance;

        (g)     the position, depth and maintenance of graves;

        (h)     the construction of coffins to be placed in vaults;

              (i)     burial and other rights in relation to cemeteries and crematoria;

        (j)     the making and keeping of records about cemeteries and crematoria, including records of burials, exhumations and cremations, and burial and other rights in relation to cemeteries and crematoria;

        (k)     the perpetual care trusts of cemeteries and crematoria;

        (l)     the inspection of cemeteries and crematoria and their records.

    (3)     A code of practice approved under this section may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.

Note 1     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or in force at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not displaced (see s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act.

    (4)     A code of practice approved under this section is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.