PUBLIC HEALTH REGULATION 2012 - REG 78 No cremation without documentation

PUBLIC HEALTH REGULATION 2012 - REG 78

78 No cremation without documentation

(1) A person must not cremate the remains of a body that has not been identified.

: Maximum penalty--20 penalty units.

(2) A cremation authority must not cremate the body of a dead person unless the authority has in its possession--

(a) an application for cremation of the body of the dead person, and

(b) a cremation permit, and

(c) in the case of the body of a dead person who is not a still-born child--a cremation certificate (unless a cremation permit has been issued by a coroner).

: Maximum penalty--20 penalty units.

(3) Subclause (2) does not apply to a cremation of an organ or part of a body that has been subject to an anatomical examination under the Anatomy Act 1977 or a post-mortem examination under the Human Tissue Act 1983 if the cremation is carried out in accordance with an exemption granted by the Secretary generally or in a particular case.

(4) Subclause (2) does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Secretary following an application to the Secretary by--

(a) an executor of the estate of the dead person, or

(b) the nearest surviving relative of the dead person, or

(c) if there is no such executor or relative available to make the application--a person who, in the opinion of the Secretary, is a proper person in all the circumstances to make the application.

(5) An application under subclause (4) is to be made in the approved form and is to be accompanied by a fee of $100.

(6) The form may require any information contained in the form to be supported by a statutory declaration.