South Australian Consolidated Acts

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BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 50A

50A—Documents to be provided before disposal of remains

        (1)         A person must not dispose of human remains or cause human remains to be disposed of unless he or she has received—

            (a)         —

                  (i)         in the case of a still-birth—a doctor's certificate as to the cause of foetal death given under section 12 or a corresponding previous enactment;

                  (ii)         in any other case—a doctor's certificate as to the cause of death given under section 36 or a corresponding previous enactment; or

            (b)         an authorisation for the disposal of human remains issued under the Coroners Act 2003 or a corresponding previous enactment.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         Despite subsection (1), a person may dispose of human remains or cause human remains to be disposed of without the documents required under that subsection if the person has received an authorisation for disposal of human remains issued by the Registrar or the Minister.

        (3)         The Registrar may not issue an authorisation under subsection (2) unless the deceased's death has been registered under this Act or a corresponding previous enactment and the Registrar is satisfied that—

            (a)         the particulars entered in the Register record that the deceased died from natural causes; or

            (b)         the State Coroner does not require the human remains for the purposes of an inquest or for determining whether an inquest is necessary or desirable under the Coroners Act 2003 .

        (4)         An authorisation issued by the Minister under subsection (2) may be subject to such conditions as the Minister thinks fit.

        (5)         This section does not apply in relation to the disposal of human remains by cremation 1 .

Note—

1         See section 6 of the Cremation Act 2000 .



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