BURIAL AND CREMATION ACT 2013

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 4 Application of Act
• 5 Relationship of Act with other laws
• 6 Human remains to be treated with dignity and respect

PART 2--Disposal of human remains

Division 1--Disposal by burial or cremation

• 7 Offence to dispose of bodily remains except by burial or cremation
• 8 Offence to dispose of bodily remains except in cemetery or natural burial ground
• 9 Offences relating to cremation
• 10 Cremation permits
• 11 Power of Attorney-General, State Coroner or magistrate to prohibit disposal by cremation

Division 2--Documents to be provided before disposal of bodily remains

• 12 Documents to be provided before disposal of bodily remains

Division 3--Opening of interment sites, exhumation and re-interment

• 13 Offences

Division 4--Miscellaneous

• 14 Prohibition on giving certificate of cause of death in certain circumstances
• 15 Handling, storage and transport of human remains
• 16 Authority to inter at particular site
• 17 Religious and other ceremonies not to be interfered with etc
• 18 Disposal of unclaimed cremated human remains

PART 3--Cemeteries, natural burial grounds and crematoria

Division 1--Establishment of cemeteries, natural burial grounds and crematoria

• 19 Establishment of cemeteries, natural burial grounds and crematoria
• 20 Power of councils to establish and manage public mortuaries
• 21 Establishment of mausolea within cemeteries
• 22 Designation of natural burial grounds within cemeteries
• 23 Power to set apart part of cemetery or natural burial ground for particular religions

Division 2--Closure and conversion of cemeteries and natural burial grounds

• 24 Closure of cemeteries and natural burial grounds
• 25 Dedication of closed council cemeteries as park lands
• 26 Conversion of closed cemeteries into public parks or gardens
• 27 Powers of relevant authorities in relation to closed cemeteries
• 28 Obligations of relevant authorities on closure of cemeteries etc

Division 3--Interment rights

• 29 Interpretation
• 30 Issue of interment rights
• 31 Duration of interment rights
• 32 Renewal of interment rights
• 33 Transfer of interment rights
• 34 Surrender of interment rights
• 35 Exercise or enforcement of interment rights
• 36 Interment right not required for scattering of cremated remains
• 37 Register of interment rights
• 38 Re-use of interment sites

Division 4--Memorials

• 39 Ownership of memorial
• 40 Duty to maintain memorial
• 41 Power to require repair, removal or reinstatement of memorial
• 42 Power of relevant authority to dispose of unclaimed memorial

Division 5--Miscellaneous

• 43 General powers of relevant authority
• 44 Multicultural needs to be recognised
• 45 Power to restrict interments in any part of cemetery or natural burial ground
• 46 Neglected cemeteries and natural burial grounds
• 47 Right of review
• 48 Power of councils to accept conveyance of cemetery or natural burial ground land from trustees
• 49 Power of councils to assume administration of cemeteries and natural burial grounds
• 50 Public access to cemeteries, natural burial grounds and crematoria
• 51 Disposal of surplus cemetery land etc
• 52 Disposal of land after closure of cemetery etc
• 53 Registers, records and plans to be kept by relevant authorities

PART 4--Miscellaneous

• 54 Minister responsible for Crown Land Management Act 2009 to facilitate exercise of powers, functions and duties under this Act
• 55 Exemptions
• 56 Power of Public Trustee to act on behalf of holder of interment right etc
• 57 Approvals and authorisations
• 58 Authorised officers
• 59 Powers of authorised officers
• 60 Hindering etc persons engaged in administration of Act
• 61 False or misleading statement
• 62 Statutory declarations
• 63 Self-incrimination
• 64 Offences by body corporate
• 65 Service
• 66 Regulations
• SCHEDULE 1--Transitional provisions
Legislative history