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BURIAL AND CREMATION ACT 2002 (NO. 4 OF 2002) - SECT 38 Exhumation of human remains

BURIAL AND CREMATION ACT 2002 (NO. 4 OF 2002) - SECT 38

Division 4 - Exhumation and reopening of graves Exhumation of human remains

(1)  The Director of Public Health may, in writing, authorise the exhumation of any human remains from any place of interment, including private land, on any specified conditions.
(2)  A person must, before beginning an exhumation –
(a) be authorised as provided in subsection (1) ; and
(b) comply with any conditions imposed by the Director of Public Health and the requirements of any person supervising the work on that Director's behalf in the course of the exhumation, re-interment or cremation of the human remains.
(3)  A person must not exhume any human remains –
(a) without authority under subsection (1) ; or
(b) otherwise than in accordance with any conditions specified in the authority; or
(c) without complying with any requirements under subsection (2) .
Penalty:  Fine not exceeding 10 penalty units.
(4)  This section does not disturb the effect of section 39 of the Coroners Act 1995 .