AustLII Tasmanian Consolidated Acts

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BURIAL AND CREMATION ACT 2002 - SECT 54

54. Regulations

      (1) The Governor may make regulations for the purposes of this Act.

      (2) Without limiting the generality of subsection (1), the regulations may –

(a) provide for and regulate the operation of crematoria, cemeteries and any places that are, or may be, used in connection with a prescribed business; and

(b) provide for all matters relating to the inspection by authorised officers of any places or premises entered under section 51 and the functions and powers of authorised officers, including their functions and powers in respect of the collection of evidence relating to offences under this Act; and

(c) prescribe in what cases and under what conditions the interment or cremation of human remains may take place; and

(d) provide for the equipment and apparatus to be used for the purposes of a crematorium; and

(e) provide for the handling, transport and storage of human remains; and

(f) provide for and regulate the construction and use of coffins and any other containers used for the handling, transport or storage of human remains; and

(g) provide for the persons who may authorise interment, cremations and the memorialisation and handling of human remains that have been reduced to ash; and

(h) provide for the appointment of medical referees for the purpose of cremations and prescribe their duties and obligations, the fees to be paid to them and the persons by whom those fees are to be paid, either generally or in particular cases; and

(i) prescribe the notices, certificates and declarations to be given or made before any interment may be permitted to take place; and

(j) prescribe the notices, certificates and declarations to be given or made before any cremation may be permitted to take place; and

(k) provide for the preparation of human remains for interment or cremation; and

(l) regulate and direct the disposition or interment of ashes; and

(m) provide for the registration of interments and cremations which have taken place; and

(n) provide for the keeping of records of any matter to which this Act applies and where and when the records are to be available to the public; and

(o) provide for and regulate the exhumation and removal of human remains; and

(p) provide for any matter relating to the conduct of Aboriginal cremations on Aboriginal land; and

(q) provide for fines not exceeding 20 penalty units for breaches of the regulations; and

(r) provide generally with respect to all matters incidental to, or connected with, the interment, cremation or other disposal of human remains or a prescribed business.

      (3) The regulations may apply, adopt or incorporate all or any of the provisions of a code or guidelines published by any organisation or body for the regulation of any matter to which this Act applies and those provisions may be applied, adopted or incorporated as they currently exist, as amended by the regulations, or as amended from time to time.

      (4) The regulations may provide for the temporary suspension or modification, by a notice published in the Gazette by the Minister having the administration of the Public Health Act 1997, of any provision of this Act on the occasion of an epidemic, or for other sufficient reason.

      (5) The regulations may –

(a) be of limited or general application; and

(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(c) authorise any matter to be determined, applied or regulated by any specified person.



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