Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) Within 21 days after receipt of a notice under section 9, the Director of Local Government may lodge a notice of objection in the court of petty sessions nearest to the place or premises where it is proposed to manage the crematorium or cemetery if –
(a) in the case of a natural person –
(i) the person has been convicted of an offence under this Act, the Cremation Act 1934 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993; or
(ii) the person is not, in the opinion of the Director of Local Government, a fit and proper person to manage a crematorium or cemetery; or
(b) in the case of a body corporate –
(i) a person concerned in the management of the body corporate has been convicted of an offence under this Act, the Cremation Act 1934 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993; or
(ii) any person concerned in the management of the body corporate is not, in the opinion of the Director of Local Government, a fit and proper person to manage a crematorium or cemetery.
(2) The Director of Local Government must, on lodging a notice of objection under subsection (1), cause a copy of the notice to be served –
(a) in the case of a natural person proposing to manage the crematorium or cemetery, personally on that person; or
(b) in the case of a body corporate, personally on a director, the secretary or the public officer, or any person who the Director of Local Government reasonably believes is a responsible officer, of the body corporate.
(3) Service of the notice of objection may be proved in the same way as service of a summons under the Justices Act 1959.
(4) Pending the hearing of the objection, the Director of Local Government may arrange for the cemetery to be managed by any person who the Director considers to be fit and proper for the purpose.