CEMETERIES AND CREMATORIA ACT 2003 - SECT 5 Establishment of cemetery trusts

CEMETERIES AND CREMATORIA ACT 2003 - SECT 5

    (1)     The Governor in Council, by order published in the Government Gazette, may establish a cemetery trust.

S. 5(1A) inserted by No. 61/2009 s. 5.

    (1A)     An order under subsection (1)—

        (a)     must specify whether the cemetery trust is a Class A cemetery trust or a Class B cemetery trust;

        (b)     may make provision for any other matter which, in the opinion of the Governor in Council, is necessary or expedient for the effective operation of that order;

        (c)     may include savings, transitional or consequential provisions to facilitate the operation of the order.

    (2)     A cemetery trust—

        (a)     is a body corporate with perpetual succession; and

        (b)     has a common seal; and

        (c)     may sue and be sued in its corporate name; and

        (d)     may acquire hold and dispose of real and personal property; and

        (e)     may do and suffer all acts and things that a body corporate may by law do and suffer.

    (3)     The common seal of each cemetery trust must be kept as directed by the trust.

    (4)     All courts must take judicial notice of the imprint of the common seal on a document and, until the contrary is proved, must presume that the document was properly sealed.

S. 5A inserted by No. 61/2009 s. 6.