{"id":"adelaide-cemeteries-authority-act-2001","name":"Adelaide Cemeteries Authority Act 2001","slug":"adelaide-cemeteries-authority-act-2001","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31392,"registerId":"sa-adelaide-cemeteries-authority-act-2001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Adelaide Cemeteries Authority Act 2001","content":"South Australia\nAdelaide Cemeteries Authority Act 2001\nAn Act to establish the Adelaide Cemeteries Authority; to provide for the administration and maintenance of Cheltenham Cemetery, Enfield Memorial Park and West Terrace Cemetery; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Adelaide Cemeteries Authority\nDivision 1—Establishment of Authority\n4\tEstablishment of Adelaide Cemeteries Authority\n5\tApplication of Public Corporations Act 1993\n6\tFunctions\n7\tPowers\n8\tSpecial provisions relating to Authority's powers\n9\tMinister must give notice of certain proposed transactions of Authority\n10\tSurplus West Terrace Cemetery land to form part of Adelaide Park Lands\n11\tCommon seal and execution of documents\nDivision 2—Board\n12\tEstablishment of board\n13\tConditions of membership\n14\tVacancies or defects in appointment of directors\n15\tRemuneration\n16\tBoard proceedings\n17\tCommittees\nDivision 3—Staff\n18\tStaffing arrangements\nPart 3—Miscellaneous\n19\tAdelaide Cemeteries Authority Heritage and Monument Committee\n20\tPlans of management for Authority cemeteries\n22\tMinisterial approvals\n23\tRegulations\nSchedule 1—Plan of West Terrace Cemetery\nSchedule 2—Transitional provisions\n2\tEnfield General Cemetery Trust continues as Adelaide Cemeteries Authority\n3\tVesting of West Terrace Cemetery in Authority\n4\tApplication of Real Property Act\n5\tContinuation of West Terrace Cemetery plan of management\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Adelaide Cemeteries Authority Act 2001.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nAuthority means the Adelaide Cemeteries Authority established under Part 2;\nAuthority cemetery means a cemetery administered by the Authority under this Act;\nboard means the board of directors established as the governing body of the Authority under Part 2;\nburial of human remains includes placement of the remains in a tomb, mausoleum or vault;\ndirector means a member of the board under Part 2;\nemploying authority means the person designated by proclamation as being the employing authority for the purposes of this definition;\nhuman remains has the same meaning as in the Births, Deaths and Marriages Registration Act 1996.\n\t(2)\tA proclamation made for the purposes of the definition of employing authority—\n\t(a)\tmay apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and\n\t(b)\tmay, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.\nPart 2—Adelaide Cemeteries Authority\nDivision 1—Establishment of Authority\n4—Establishment of Adelaide Cemeteries Authority\n\t(1)\tThe Adelaide Cemeteries Authority is established.\n\t(2)\tThe Authority—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\tis capable of suing and being sued in its corporate name; and\n\t(d)\thas the functions and powers assigned or conferred by or under this Act.\n5—Application of Public Corporations Act 1993\nThe Authority is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.\n6—Functions\n\t(1)\tThe Authority's primary functions are—\n\t(a)\tthe administration and maintenance of the following as public cemeteries:\n\t(i)\tCheltenham Cemetery;\n\t(ii)\tEnfield Memorial Park;\n\t(iii)\tWest Terrace Cemetery; and\n\t(b)\tthe administration and maintenance of any other cemetery established or acquired by the Authority; and\n\t(c)\tthe burial or other disposal of human remains in an Authority cemetery; and\n\t(d)\tactivities associated with the heritage or historical significance of an Authority cemetery; and\n\t(e)\tany other function assigned to the Authority by or under this or any Act, or by the Minister.\n\t(2)\tThe Authority's functions may extend to the following as the Authority thinks fit:\n\t(a)\tactivities or services relating to the burial or other disposal of human remains;\n\t(b)\tother activities or services utilising Authority property and buildings.\n7—Powers\nSubject to this Act, the Authority has all the powers of a natural person together with the powers conferred on it under this or any other Act.\n8—Special provisions relating to Authority's powers\n\t(1)\tThe Authority may not acquire a cemetery or part of a cemetery, or establish a cemetery, without the written approval of the Minister.\n\t(2)\tThe Authority may grant a right for burial purposes for any term or in perpetuity.\n\t(3)\tThe Authority must not disturb or interfere with a grave within the area delineated and marked Jewish Granted MEM. No. 443 Bk. 42 on the plan of West Terrace Cemetery in Schedule 1 without the written approval of the Board, the Trustees, or the Chief Minister, of the Adelaide Hebrew Congregation Inc.\n\t(4)\tThe Authority must not, without the approval of the Minister, use for any other purpose a portion of an Authority cemetery set apart (before or after the commencement of this subsection) for the burial or other disposal—\n\t(a)\tof persons of particular religious denominations; or\n\t(b)\tof members or former members of an arm of the Defence Forces of Australia or of the naval, military or air force of some other country.\n\t(5)\tThe Authority must not prevent or interfere with the performance of a ceremony according to the usage of a person's religion in connection with the burial or other disposal of the person's remains.\n\t(6)\tThe Authority must allow a minister of a religious denomination for which a portion of an Authority cemetery is set apart to have free access and admission to that portion of the cemetery at all times in order to exercise his or her functions as a minister.\n\t(7)\tThe Authority's charter under the Public Corporations Act 1993 must contain specific limitations on the Authority's activities designed to prevent the Authority, through its control of access to Authority cemeteries, from unduly restricting competition in the provision of funeral, floral, monument making or other services, or the supply of goods.\n9—Minister must give notice of certain proposed transactions of Authority\n\t(1)\tThe Authority must not—\n\t(a)\tsell an Authority cemetery or part of an Authority cemetery; or\n\t(b)\tgrant a lease or licence in respect of an Authority cemetery, or part of an Authority cemetery, in order to enable the Authority's primary functions, or a substantial part of the Authority's primary functions, with respect to the cemetery to be performed otherwise than directly by the Authority and its staff; or\n\t(c)\tenter into any partnership, joint venture or other profit sharing arrangement,\nunless the Minister has approved a proposal for the transaction and has, at least two months before the proposed transaction is entered into—\n\t(d)\tgiven notice of the proposed transaction in the Gazette and in a newspaper circulating generally throughout the State; and\n\t(e)\tprovided a written report on the proposed transaction to the Economic and Finance Committee of the Parliament.\n\t(2)\tSubsection (1) does not apply to the disposal of land comprising or forming part of West Terrace Cemetery that is surplus to the requirements of the Authority.\n10—Surplus West Terrace Cemetery land to form part of Adelaide Park Lands\nThe Authority may only dispose of land comprising or forming part of West Terrace Cemetery that is surplus to the requirements of the Authority—\n\t(a)\twith the written approval of the Minister; and\n\t(b)\tby surrender of the fee simple in the land to the Crown; and, on surrender, the land will form part of the Adelaide Park Lands and come under the care, control and management of The Corporation of the City of Adelaide.\n11—Common seal and execution of documents\n\t(1)\tThe common seal of the Authority must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of two directors.\n\t(2)\tThe Authority may, by instrument under its common seal, authorise a director, a person employed under this Act (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Authority subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Authority.\n\t(4)\tA document is duly executed by the Authority if—\n\t(a)\tthe common seal of the Authority is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Authority by a person or persons in accordance with an authority conferred under this section.\nDivision 2—Board\n12—Establishment of board\n\t(1)\tA board of directors is established as the governing body of the Authority.\n\t(2)\tThe board consists of not more than seven directors appointed by the Governor on the nomination of the Minister, of whom—\n\t(a)\tone must be a person with practical knowledge of and experience in local government selected from a panel of three persons nominated by the Local Government Association of South Australia; and\n\t(b)\tthe remainder must include—\n\t(i)\tthree who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the Authority's business and management obligations; and\n\t(ii)\tone with experience in historical and heritage matters; and\n\t(iii)\tone with experience in religious and community affairs; and\n\t(iv)\tone with management experience in government (other than local government).\n\t(3)\tThe Minister must, in nominating persons for appointment to the board, have regard to the need for the Authority, in carrying out its functions, to be sensitive to the cultural diversity of the State.\n\t(4)\tAt least two directors must be women and at least two must be men.\n\t(5)\tOne director will, on the nomination of the Minister, be appointed by the Governor to chair meetings of the board.\n13—Conditions of membership\n\t(1)\tA director will be appointed for a term, not exceeding four years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.\n\t(2)\tHowever, the term of office of a retiring director will continue until he or she is reappointed or a successor is appointed (as the case may be).\n\t(3)\tThe Governor may remove a director from office on the recommendation of the Minister.\n\t(4)\tThe Minister may recommend the removal of a director on any ground that the Minister considers sufficient.\n\t(5)\tThe office of a director becomes vacant if the director—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tbecomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or\n\t(e)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(f)\tis removed from office under subsection (3).\n14—Vacancies or defects in appointment of directors\nAn act of the board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a director.\n15—Remuneration\nA director is entitled to be paid from the funds of the Authority such remuneration, allowances and expenses as may be determined by the Governor.\n16—Board proceedings\n\t(1)\tA quorum of the board consists of four directors.\n\t(2)\tThe director appointed to chair meetings of the board will preside at each meeting of the board at which he or she is present.\n\t(3)\tIn the absence of the director appointed to chair meetings of the board, a director chosen by the directors present at the meeting will preside.\n\t(4)\tA decision carried by a majority of the votes cast by directors at a meeting is a decision of the board.\n\t(5)\tEach director present at a meeting of the board has one vote on any question arising for decision and, if the votes are equal, the director presiding at the meeting may exercise a casting vote.\n\t(6)\tA conference by telephone or other electronic means between directors will, for the purposes of this section, be taken to be a meeting of the board at which the participating directors are present if—\n\t(a)\tnotice of the conference is given to all directors in the manner determined by the board for the purpose; and\n\t(b)\teach participating director is capable of communicating with every other participating director during the conference.\n\t(7)\tA proposed resolution of the board becomes a valid decision of the board despite the fact that it is not voted on at a meeting of the board if—\n\t(a)\tnotice of the proposed resolution is given to all directors in accordance with procedures determined by the board; and\n\t(b)\ta majority of the directors expresses concurrence in the proposed resolution by letter or by facsimile transmission or other electronically transmitted written communication setting out the terms of the resolution.\n\t(8)\tThe board must have accurate minutes kept of its proceedings.\n\t(9)\tSubject to this Act, the board may determine its own procedures.\n17—Committees\n\t(1)\tThe board may establish such committees (including advisory or subcommittees) as the board thinks fit.\n\t(2)\tThe membership of a committee will be determined by the board and may, but need not, consist of, or include, directors.\n\t(3)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the board;\n\t(b)\tinsofar as a procedure is not determined under paragraph (a), as determined by the committee.\nDivision 3—Staff\n18—Staffing arrangements\n\t(1)\tThe employing authority may employ staff to perform functions in connection with the operations or activities of the Authority.\n\t(2)\tThe terms and conditions of employment of a person under subsection (1) will be determined by the employing authority.\n\t(3)\tA person employed under this section will be taken to be employed by or on behalf of the Crown (but will not be employed in the Public Service of the State unless brought into an administrative unit under the Public Sector Act 2009).\n\t(4)\tThe employing authority may direct a person employed under this section to perform functions in connection with the operations or activities of a public sector agency specified by the employing authority (and the person must comply with that direction).\n\t(5)\tThe employing authority is, in acting under this section, subject to direction by the Minister.\n\t(6)\tHowever, no Ministerial direction may be given by the Minister relating to the appointment, transfer, remuneration, discipline or termination of a particular person.\n\t(7)\tThe employing authority may delegate a power or function under this section.\n\t(8)\tA delegation under subsection (7)—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be made to a body or person (including a person for the time being holding or acting in a specified office or position); and\n\t(c)\tmay be unconditional or subject to conditions; and\n\t(d)\tmay, if the instrument of delegation so provides, allow for the further delegation of a power or function that has been delegated; and\n\t(e)\tdoes not derogate from the power of the employing authority to act personally in any matter; and\n\t(f)\tmay be revoked at any time by the employing authority.\n\t(9)\tA change in the person who constitutes the employing authority under this Act will not affect the continuity of employment of a person under this section.\n\t(10)\tThe Authority must, at the direction of the Minister, the Treasurer or the employing authority, make payments with respect to any matter arising in connection with the employment of a person under this section (including, but not limited to, payments with respect to salary or other aspects of remuneration, leave entitlements, superannuation contributions, taxation liabilities, workers compensation payments, termination payments, public liability insurance and vicarious liabilities).\n\t(11)\tThe Authority does not have the power to employ any person.\n\t(12)\tThe Authority may, under an arrangement established by the Minister administering an administrative unit, make use of the services or staff of that administrative unit.\n\t(13)\tIn this section—\npublic sector agency has the same meaning as in the Public Sector Act 2009.\nPart 3—Miscellaneous\n19—Adelaide Cemeteries Authority Heritage and Monument Committee\n\t(1)\tThe Minister will establish the Adelaide Cemeteries Authority Heritage and Monument Committee.\n\t(2)\tThe Committee will consist of not less than three, nor more than five, members appointed by the Minister, of whom—\n\t(a)\tone must be a director; and\n\t(b)\tthe remainder must include persons who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the Committee's functions.\n\t(3)\tThe members of the Committee will hold office on such terms and conditions as the Minister thinks fit.\n\t(4)\tThe Committee has the following functions:\n\t(a)\tto advise the Authority on heritage and historical matters relating to Authority cemeteries;\n\t(b)\tto advise the Authority on activities associated with the heritage or historical significance of Authority cemeteries;\n\t(c)\tto advise the Authority on the establishment and implementation of policies relating to monuments, headstones and memorials;\n\t(d)\tany other function assigned to the Committee by or under this Act, or by the Minister or the Authority.\n\t(5)\tSubject to this section, the Committee may determine its own procedures.\n\t(6)\tThe Committee must submit to the Authority for inclusion in each annual report of the Authority a report prepared by the Committee on its operations during the financial year to which the report relates.\n\t(7)\tA report submitted to the Authority under subsection (6) must be included in the relevant annual report of the Authority in unaltered form.\n20—Plans of management for Authority cemeteries\n\t(1)\tThe Authority must, in accordance with this section—\n\t(a)\tprepare plans of management for each Authority cemetery; and\n\t(b)\tpresent the plans at public meetings convened by the Authority.\n\t(2)\tPlans of management must be prepared and presented as follows:\n\t(a)\tthe first plan must cover a five year period and be prepared and presented within 18 months after the commencement of this section;\n\t(b)\tsubsequent plans must cover subsequent five year periods and each plan must be prepared and presented at least six months before it is to take effect.\n\t(3)\tA plan of management for a cemetery must take into account the heritage and historical significance of the cemetery and establish policies relating to the following matters:\n\t(a)\tretention or removal of existing headstones;\n\t(b)\tre-use of burial sites;\n\t(c)\tthe scale and character of new memorials or monuments;\n\t(d)\tplanting and nurturing of vegetation in the cemetery.\n\t(4)\tIn preparing a plan of management for a cemetery, the Authority must consult with the relevant local government council, the administrative unit of the Public Service responsible for State heritage matters and other persons who, in the opinion of the Authority, have a particular interest in the management of the cemetery.\n\t(5)\tThe Authority must, at least 30 business days before the date of a public meeting to be convened under this section, in a newspaper circulating generally throughout the State, publish a notice—\n\t(a)\tof the date, time, place and purpose of the meeting; and\n\t(b)\tof the place, determined by the Minister, where the plan of management may be inspected, without charge and during normal office hours, during the period of 30 business days immediately prior to the meeting.\n\t(6)\tA plan of management for an Authority cemetery must, if the cemetery is, or includes, a State heritage place (within the meaning of the Development Act 1993), be approved by the Minister before it takes effect.\n\t(7)\tThe Authority may amend a plan of management at any time during the course of the five year period covered by the plan (and, in that event, the amendment must be presented at public meetings convened by the Authority and subsections (4), (5) and (6) will apply to the amendment process in the same way as to the initial preparation of a plan of management).\n\t(8)\tThe Authority must keep a copy of each current plan of management available for inspection by members of the public, without charge and during normal office hours, at a place determined by the Minister.\n22—Ministerial approvals\n\t(1)\tAn approval given by the Minister under this Act may be—\n\t(a)\tspecific or general; and\n\t(b)\tconditional or unconditional.\n\t(2)\tAn approval given by the Minister may be varied or revoked by the Minister at any time.\n23—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tThe regulations may apply other specified regulations (with or without modifications) to an Authority cemetery.\nSchedule 1—Plan of West Terrace Cemetery\n\nSchedule 2—Transitional provisions\n2—Enfield General Cemetery Trust continues as Adelaide Cemeteries Authority\n\t(1)\tThe Authority is the same body corporate as the Enfield General Cemetery Trust established under the Enfield General Cemetery Act 1944.\n\t(2)\tA reference in an Act or instrument to the Enfield General Cemetery Trust is (where the context admits) to be read as a reference to the Authority.\n\t(3)\tThe offices of the members of the Enfield General Cemetery Trust are vacated on the commencement of this clause.\n3—Vesting of West Terrace Cemetery in Authority\n\t(1)\tThe land situated in the Hundred of Adelaide delineated and marked West Terrace Cemetery on the plan set out in Schedule 1 is vested in the Authority for an estate in fee simple.\n\t(2)\tThe Authority will hold the land vested under subclause (1) subject to any rights or interests granted and in force in respect of the land immediately before the commencement of this clause.\n\t(3)\tDespite section 29(1) of the Public Corporations Act 1993, where property vests by virtue of this clause in the Authority, the vesting of the property, and any instrument evidencing or giving effect to that vesting, are exempt from stamp duty.\n4—Application of Real Property Act\n\t(1)\tThe Registrar-General must, on the application of the Authority, register the Authority as the proprietor of an estate in land that has vested in the Authority under this Schedule.\n\t(2)\tNo registration fee is payable in respect of an application under subclause (1).\n\t(3)\tAn instrument relating to land that has vested in the Authority under this Schedule must, if the instrument is executed by the Authority and is otherwise in registrable form, be registered by the Registrar-General despite the fact that the Authority has not been registered as the proprietor of the land under subclause (1).\n5—Continuation of West Terrace Cemetery plan of management\nThe plan of management for the West Terrace Cemetery made under section 20A of the Enfield General Cemetery Act 1944 in operation immediately before the commencement of this clause continues in operation as if it had been made under Part 3 of this Act, took effect at the commencement of this clause and covered the five year period from that commencement.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Adelaide Cemeteries Authority Act 2001 repealed the following:\nEnfield General Cemetery Act 1944\nWest Terrace Cemetery Act 1976\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2001\n25\nAdelaide Cemeteries Authority Act 2001\n26.7.2001\n1.1.2002 (Gazette 6.12.2001 p5266)\n2006\n41\nStatutes Amendment (Public Sector Employment) Act 2006\n14.12.2006\nPt 3 (ss 7—9)—1.4.2007 (Gazette 29.3.2007 p930)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 5 (s 10)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n20\nBurial and Cremation Act 2013\n14.6.2013\nSch 1 (cll 3 & 4)—1.2.2014 (Gazette 16.1.2014 p120)\n2023\n39\nPublic Holidays Act 2023\n7.12.2023\nSch 1 (cl 1)—1.1.2024: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\n\ns 3\n\n\ns 3(1)\ns 3 redesignated as s 3(1) by 41/2006 s 7(2)\n1.4.2007\nemploying authority\ninserted by 41/2006 s 7(1)\n1.4.2007\ns 3(2)\ninserted by 41/2006 s 7(2)\n1.4.2007\nPt 2\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 8\n\n\ns 8(2)\nsubstituted by 20/2013 Sch 1 cl 3\n1.2.2014\ns 11\n\n\ns 11(2)\namended by 41/2006 s 8\n1.4.2007\ns 18\nsubstituted by 41/2006 s 9\n1.4.2007\ns 18(3)\namended by 84/2009 s 10\n1.2.2010\ns 18(13)\n\n\npublic sector agency\namended by 84/2009 s 10\n1.2.2010\nPt 3\n\n\ns 20\n\n\ns 20(9)\ndeleted by 39/2023 Sch 1 cl 1\n1.1.2024\ns 21\ndeleted by 20/2013 Sch 1 cl 4\n1.2.2014\nSch 2\n\n\ncl 1\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Public Sector Employment) Act 2006, Sch 1—Transitional provisions\nNote—\nAlso see Statutes Amendment (Public Sector Employment) (Transitional Provisions) Regulations 2007.\n1—Interpretation\nIn this Part, unless the contrary intention appears—\nCommonwealth Act means the Workplace Relations Act 1996 of the Commonwealth;\nemploying authority means—\n\t(a)\tsubject to paragraph (b)—the person who is the employing authority under a relevant Act;\n\t(b)\tin a case that relates to employment under the Fire and Emergency Services Act 2005—the Chief Executive of the South Australian Fire and Emergency Services Commission, or the Chief Officer of an emergency services organisation under that Act, as the case requires;\nIndustrial Commission means the Industrial Relations Commission of South Australia;\nprescribed body means—\n\t(a)\tthe Aboriginal Lands Trust;\n\t(b)\tthe Adelaide Cemeteries Authority;\n\t(c)\tthe Adelaide Festival Centre Trust;\n\t(d)\tthe Adelaide Festival Corporation;\n\t(e)\tSA Ambulance Service Inc;\n\t(f)\tthe Minister to whom the administration of the Children's Services Act 1985 is committed;\n\t(g)\tthe Minister to whom the administration of the Education Act 1972 is committed;\n\t(h)\tthe Electricity Supply Industry Planning Council;\n\t(i)\ta body constituted under the Fire and Emergency Services Act 2005;\n\t(j)\tthe History Trust of South Australia;\n\t(k)\tthe Institute of Medical and Veterinary Science;\n\t(l)\ta regional NRM board constituted under the Natural Resources Management Act 2004;\n\t(m)\tthe Senior Secondary Assessment Board of South Australia;\n\t(n)\tthe South Australian Country Arts Trust;\n\t(o)\tthe South Australian Film Corporation;\n\t(p)\tthe South Australian Health Commission;\n\t(q)\tan incorporated hospital under the South Australian Health Commission Act 1976;\n\t(r)\tan incorporated health centre under the South Australian Health Commission Act 1976;\n\t(s)\tthe South Australian Motor Sport Board;\n\t(t)\tthe South Australian Tourism Commission;\n\t(u)\tThe State Opera of South Australia;\n\t(v)\tthe State Theatre Company of South Australia;\n\t(w)\tthe Minister to whom the administration of the Technical and Further Education Act 1975 is committed;\nrelevant Act means—\n\t(a)\tin a case that relates to employment with a prescribed body established under an Act being amended by this Act—that Act;\n\t(b)\tin a case that relates to employment with a prescribed body who is a Minister to whom the administration of an Act being amended by this Act is committed—that Act;\n\t(c)\tin a case that relates to employment with a body constituted under the Fire and Emergency Services Act 2005—that Act.\n2—Transfer of employment\n\t(1)\tSubject to this clause, a person who, immediately before the commencement of this clause, was employed by a prescribed body under a relevant Act will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act).\n\t(2)\tThe following persons will, on the commencement of this clause, be taken to be employed as follows:\n\t(a)\ta person who, immediately before the commencement of this clause, was employed under section 6L(1) of the Electricity Act 1996 will, on that commencement, be taken to be employed by the employing authority under that Act (as amended by this Act);\n\t(b)\ta person who, immediately before the commencement of this clause, was employed by the South Australian Fire and Emergency Services Commission will, on that commencement, be taken to be employed by the Chief Executive of that body;\n\t(c)\ta person who, immediately before the commencement of this clause, was employed by an emergency services organisation under the Fire and Emergency Services Act 2005 will, on that commencement, be taken to be employed by the Chief Officer of that body;\n\t(d)\ta person who, immediately before the commencement of this clause, was employed by an incorporated hospital or an incorporated health centre under the South Australian Health Commission Act 1976 will, on that commencement, be taken to be employed by an employing authority under that Act (as amended by this Act) designated by the Governor by proclamation made for the purposes of this paragraph.\n\t(3)\tSubject to this clause, the Governor may, by proclamation, provide that a person employed by a subsidiary of a public corporation under the Public Corporations Act 1993 will be taken to be employed by a person or body designated by the Governor (and the arrangement so envisaged by the proclamation will then have effect in accordance with its terms).\n\t(4)\tSubject to subclause (5), an employment arrangement effected by subclause (1), (2) or (3)—\n\t(a)\twill be taken to provide for continuity of employment without termination of the relevant employee's service; and\n\t(b)\twill not affect—\n\t(i)\texisting conditions of employment or existing or accrued rights to leave; or\n\t(ii)\ta process commenced for variation of those conditions or rights.\n\t(5)\tIf, immediately before the commencement of this clause, a person's employment within the ambit of subclause (1), (2) or (3) was subject to the operation of an award or certified agreement (but not an Australian Workplace Agreement) under the Commonwealth Act, then, on that commencement, an award or enterprise agreement (as the case requires) will be taken to be created under the Fair Work Act 1994—\n\t(a)\twith the same terms and provisions as the relevant industrial instrument under the Commonwealth Act; and\n\t(b)\twith any terms or provisions that existed under an award or enterprise agreement under the Fair Work Act 1994, that applied in relation to employment of the kind engaged in by the person, immediately before 27 March 2006, and that ceased to apply by virtue of the operation of provisions of the Commonwealth Act that came into force on that day,\nsubject to any modification or exclusion prescribed by regulations made for the purposes of this subclause and subject to the operation of subclause (6).\n\t(6)\tWhere an award or enterprise agreement is created by virtue of the operation of subclause (5)—\n\t(a)\tthe award or enterprise agreement will be taken to be made or approved (as the case requires) under the Fair Work Act 1994 on the day on which this clause commences; and\n\t(b)\tthe Fair Work Act 1994 will apply in relation to the award or enterprise agreement subject to such modifications or exclusions as may be prescribed by regulations made for the purposes of this subclause; and\n\t(c)\tthe Industrial Commission may, on application by the Minister to whom the administration of the Fair Work Act 1994 is committed, or an application by a person or body recognised by regulations made for the purposes of this subclause, vary or revoke any term or provision of the award or enterprise agreement if the Industrial Commission is satisfied that it is fair and reasonable to do so in the circumstances.\n3—Superannuation\n\t(1)\tIf a prescribed body under a relevant Act is, immediately before the commencement of this clause, a party to an arrangement relating to the superannuation of one or more persons employed by the prescribed body, then the relevant employing authority under that Act will, on that commencement, become a party to that arrangement in substitution for the prescribed body.\n\t(2)\tNothing that takes effect under subclause (1)—\n\t(a)\tconstitutes a breach of, or default under, an Act or other law, or constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\t(b)\tterminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy,\nand subclause (1) may have effect despite any other Act or law.\n\t(3)\tAn amendment effected to another Act by this Act does not affect a person's status as a contributor under the Superannuation Act 1988 (as it may exist immediately before the commencement of this Act).\n4—Interpretative provision\n\t(1)\tThe Governor may, by proclamation, direct that a reference in any instrument (including a statutory instrument) or a contract, agreement or other document to a prescribed body, or other specified agency, instrumentality or body, will have effect as if it were a reference to an employing authority under a relevant Act, the Minister to whom the administration of a relevant Act is committed, or some other person or body designated by the Governor.\n\t(2)\tA proclamation under subclause (1) may effect a transfer of functions or powers.\n5—Related matters\n\t(1)\tA notice in force under section 51 of the Children's Services Act 1985 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(2)\tA notice in force under section 28 of the Institute of Medical and Veterinary Science Act 1982 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(3)\tA notice in force under section 61 of the South Australian Health Commission Act 1976 immediately before the commencement of this clause will continue to have effect for the purposes of that section, as amended by this Act.\n\t(4)\tA notice in force under section 13(6) of the South Australian Motor Sport Act 1984 immediately before the commencement of this clause will continue to have effect after that commencement but may, pursuant to this subclause, be varied from time to time, or revoked, by the Minister to whom the administration of that Act is committed.\n\t(5)\tThe fact that a person becomes an employer in his or her capacity as an employing authority under an Act amended by this Act does not affect the status of any body or person as an employer of public employees for the purposes of the Fair Work Act 1994 (unless or until relevant regulations are made under the provisions of that Act).\n6—Other provisions\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule (or regulations made under this Schedule), apply to any amendment or repeal effected by this Act.\nHistorical versions\n1.4.2007\n\n1.2.2010\n\n1.2.2014\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act maintains its original, focused purpose of creating a statutory authority to administer specified Adelaide cemeteries and protect their heritage. Subsequent amendments have been mainly administrative and procedural (aligning employment and public sector arrangements, updating references, and adjusting certain powers such as burial‑right wording) rather than materially expanding the Authority's substantive remit. Changes have clarified staffing, consultation and regulatory mechanics but did not alter the core scope of cemetery administration and heritage protection."},"complexity_factors":["Multiple cross‑references to other statutes (Public Corporations Act 1993, Public Sector Act 2009, Development Act 1993, Real Property Act and Fair Work/industrial instruments) increasing interpretive load","Board composition rules with skill and gender minima and Governor/M inister appointment/removal powers (ss12–13)","Detailed staffing regime that separates the employing authority from the Authority and limits the Authority's power to employ (s18) with delegation and direction rules and transitional employment provisions","Conditional constraints and procedural requirements on major transactions (sale, outsourcing, partnerships) including mandatory Gazette notice and parliamentary reporting (s9)","Special land treatment for West Terrace Cemetery including surrender to Crown and integration into Adelaide Park Lands (s10; Schedule 1 and Sch 2)","Heritage and public consultation obligations for five‑year plans of management, including ministerial approval for State heritage places (s20)","Several ministerial discretions and revocable approvals (s22) that interact with other mandatory procedural steps","Transitional provisions and exemptions (e.g. stamp duty exemption) that affect property and employment continuity (Sch 2 and transitional schedules)","Amendments over time that substituted key clauses (notably staffing and burial rights clauses) requiring attention to historical versions"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a corporate body called the Adelaide Cemeteries Authority (the Authority) with powers, a common seal and perpetual succession (s4).  The Authority is a statutory corporation to which the Public Corporations Act 1993 applies (s5).\n- Gives the Authority primary functions of administering and maintaining Cheltenham Cemetery, Enfield Memorial Park and West Terrace Cemetery, plus any other cemetery it acquires or establishes; and to manage burials and activities linked to the cemeteries' heritage or history (s6).\n- Confers broad powers similar to those of a natural person, subject to the Act and other laws (s7).  There are special limits: the Authority cannot acquire or establish a cemetery without the Minister's written approval (s8(1)); it may grant burial rights for any term including in perpetuity (s8(2)); and its charter must limit anti‑competitive control over access to cemetery services (s8(7)).\n- Imposes strict controls on major transactions: the Authority must not sell a cemetery, outsource the core delivery of its primary functions, or enter profit‑sharing arrangements without Ministerial approval, a two‑month public notice in the Gazette and a report to Parliament's Economic and Finance Committee (s9).  Disposal of surplus West Terrace land is treated specially — it can only be surrendered to the Crown and will become part of the Adelaide Park Lands under City of Adelaide management (s10; Schedule 1 and Sch 2 cl 3).\n- Creates a governing board of up to seven directors, sets appointment criteria (including specified skills and gender minima), quorum rules, voting and meeting procedures, and allows the Governor to remove directors on the Minister's recommendation (ss12–16).\n- Provides staffing arrangements where an \"employing authority\" (designated by proclamation) employs staff for the Authority and directs them; the Authority itself does not directly employ staff (s18).  The employing authority's decisions on employment terms are subject to Ministerial direction generally, but Ministers cannot direct decisions about appointment, transfer, remuneration, discipline or termination of particular individuals (s18(5)–(6)).  The Act also requires the Authority to make specified employment‑related payments at the Minister's or Treasurer's direction (s18(10)).\n- Requires a Heritage and Monument Committee to advise on heritage, monuments and memorial policy and to provide an annual report to be published in the Authority's annual report (s19).\n- Requires the Authority to prepare public plans of management for each Authority cemetery on five‑year cycles, with public meetings and consultation requirements; plans affecting State heritage places must be ministerially approved (s20).\n- Allows the Minister to give, vary or revoke approvals under the Act (s22) and enables regulations to apply other regulation sets to Authority cemeteries (s23).\n\nOfficial purpose claimed by the Act\n\nThe Act frames these arrangements as creating a single statutory authority to administer, maintain and protect the operation and heritage of major Adelaide cemeteries.\n\nTesting the purpose claim against costs, incentives and administrative mechanics (practical effects)\n\n- Who pays: the Authority funds its operations from its own revenues and from funds appropriated to it (standard for a statutory body). The employing authority (a separate designated employer) pays staff and the Authority must make employment‑related payments at the direction of the Minister or Treasurer (s18(10)); transitional provisions also include a stamp duty exemption for land vested in the Authority (Sch 2 cl 3).\n\n- Who decides: the Minister retains substantial control—approvals for acquiring cemeteries, major transactions and disposal of West Terrace surplus land (ss8(1), 9, 10); Minister can nominate board members, recommend removals (ss12, 13) and give, vary or revoke approvals (s22). The board runs day‑to‑day governance within those limits (ss12,16).\n\n- Behaviour changes and market effects: the Act limits the Authority's ability to outsource or sell core cemetery functions without Ministerial oversight and public notice (s9). That restricts vertical restructuring or contracting out of burial and related services unless public and parliamentary scrutiny is satisfied — this reduces scope for private firms to take over core functions but leaves room for the Authority to provide other services or to grant burial rights (ss6(2), 8(2)). The charter requirement to avoid undue restrictions on competition (s8(7)) is an explicit check on anti‑competitive exclusion tied to site access.\n\n- Compliance and administrative burdens: the Authority must run public consultation and publish plans of management every five years, hold public meetings and make plans available for public inspection (s20). Major transactions require Gazette notices and parliamentary reporting (s9). Heritage committee reporting must be included unaltered in the Authority's annual report (s19(6)–(7)). These create recurring procedural costs and transparency obligations.\n\n- Incentives and trade‑offs: Ministerial control protects heritage and public interest oversight but concentrates decision power in the executive — this may speed protective action but can also increase political discretion over commercial arrangements (ss9, 10, 22). The employing authority model (s18) centralises public sector employment arrangements (and aligns staff with public sector rules) but means the Authority cannot directly hire staff (s18(11)), which reduces its direct personnel autonomy and can complicate operational staffing decisions.\n\n- Implementation risks and opportunity costs: strict rules on disposal and outsourcing (ss9–10) reduce options for asset monetisation or private investment in cemetery services. Protecting denominational burial areas and religious access (s8(3)–(6)) preserves religious and cultural rights but limits redevelopment flexibility.\n\n- Concentrated benefits and rent possibilities: appointments, removal powers and approval discretion create focal points where stakeholders (e.g. heritage interests, faith groups, local government) can influence outcomes. The Act builds in consultation and committee roles so these interests are formally represented (s12(2), s19), but those arrangements can also concentrate bargaining power.\n\nKey transitional and special provisions\n\n- The Act replaced earlier Acts and continued the Enfield General Cemetery Trust as the Authority (Sch 2 cl 2) and vested West Terrace Cemetery land in the Authority (Sch 2 cl 3).  The vesting was exempted from stamp duty (Sch 2 cl 3(3)).\n\nBottom line (mechanical summary in one sentence)\n\nThe Act creates a statutory corporation to run specified Adelaide cemeteries, prescribes board and staffing structures, embeds heritage and public consultation requirements, and restricts sale or outsourcing of core cemetery functions unless the Minister and public processes approve (see ss4–11, 12–18, 19–20)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing the Adelaide Cemeteries Authority. While amendments have updated employment arrangements (transferring staff to the Public Sector Act framework in 2006/2009) and removed specific sections (such as section 21 on by-laws, removed in 2013), these are technical updates rather than scope expansion. The core functions—cemetery administration, heritage protection, and community consultation—remain unchanged from the 2001 intent."},"complexity_factors":["Moderate cross-referencing to other Acts (Public Corporations Act 1993, Births Deaths and Marriages Registration Act 1996, Public Sector Act 2009, Development Act 1993, and various Fair Work legislation in transitional provisions)","Specific procedural requirements for board composition including gender quotas (at least two women and two men) and representative expertise requirements","Conditional logic in section 8 with multiple prohibitions and exceptions (e.g., special protections for Jewish burial area, religious sections, military sections)","Detailed delegation provisions in section 18 with 8 specific subsections governing staffing arrangements","Transitional provisions in Schedule 2 and associated regulations that incorporate external employment law frameworks","21 defined terms in interpretation section (section 3), though most are straightforward","Multiple ministerial approval requirements with varying conditions (sections 8, 9, 10, 20, 22)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a government body called the **Adelaide Cemeteries Authority** to run three public cemeteries in South Australia: **Cheltenham Cemetery**, **Enfield Memorial Park**, and **West Terrace Cemetery**. It also sets the rules for how this body operates.\n\n**Who it affects:**\n\n- **Families and individuals** arranging burials or memorial services in these cemeteries\n- **Religious communities** with dedicated sections in the cemeteries (the Authority must allow religious ministers free access and cannot interfere with religious ceremonies)\n- **Local residents and heritage groups** (the Authority must consult the community and consider historical significance when managing cemeteries)\n- **Funeral directors, florists, and monument makers** (the law includes competition protections to stop the Authority from blocking these businesses)\n- **The Jewish community** specifically (special protections exist for a specific Jewish burial area at West Terrace Cemetery)\n\n**Key things the Authority can and cannot do:**\n\n- **Can:** Manage burials, maintain grounds, sell burial rights (including permanent ones), and run related services like memorial activities\n- **Cannot:** Sell cemeteries or lease them out without public notice and parliamentary scrutiny; disturb certain Jewish graves without specific approval; repurpose religious or military burial sections without ministerial approval; employ staff directly (staff are employed by a separate \"employing authority\")\n\n**Why it matters:**\n\nThis law ensures public cemeteries are properly maintained while respecting cultural, religious, and heritage values. It balances commercial operations with community accountability—requiring public consultation on management plans and transparency for major decisions. It also continues the legal existence of the old Enfield General Cemetery Trust under the new name, transferring West Terrace Cemetery to the new Authority."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'Page Not Found' error","Analysis is limited to general knowledge of the Act rather than its actual provisions","Complexity of the underlying Act cannot be assessed without access to its text"],"plain_english_summary":"**What happened here?**\n\nThe link provided did not successfully load the text of the *Adelaide Cemeteries Authority Act 2001* (SA). Instead, it returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a broken or outdated hyperlink following a website update in March 2026.\n\n**What is known about this law?**\n\nThe *Adelaide Cemeteries Authority Act 2001* is a South Australian law that established the **Adelaide Cemeteries Authority** — a government body responsible for managing and operating major cemeteries in the Adelaide metropolitan area (such as Enfield Memorial Park and Centennial Park). It covers things like:\n- How the Authority is set up and governed\n- Rules around burial rights and cemetery operations\n- Financial and reporting obligations of the Authority\n\n**Who does it affect?**\n\nAnyone in South Australia dealing with burial services, purchasing burial plots, or interacting with the Adelaide Cemeteries Authority — including families making funeral arrangements.\n\n**Important note:** Because the actual legislative text could not be retrieved, **no detailed legal analysis can be provided**. Please access the Act directly at [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) by searching for the Act by name."}},"importantCases":[],"_links":{"self":"/api/acts/adelaide-cemeteries-authority-act-2001","history":"/api/acts/adelaide-cemeteries-authority-act-2001/history","analysis":"/api/acts/adelaide-cemeteries-authority-act-2001/analysis","conflicts":"/api/acts/adelaide-cemeteries-authority-act-2001/conflicts","importantCases":"/api/acts/adelaide-cemeteries-authority-act-2001/important-cases","documents":"/api/acts/adelaide-cemeteries-authority-act-2001/documents"}}