{"id":"a-2020-7","name":"Cemeteries and Crematoria Act 2020","slug":"cemeteries-and-crematoria-act-2020","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"7 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23149,"registerId":"act-a-2020-7-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Object of Act 3\n7 Meaning of death certificate—pt 2 4\n8 Right to burial 4\n9 Right to interment 6\n10 Right to burial and right to interment—transfer 8\n11 Right to burial and right to interment—term 9\n12 Right to burial or interment—notice about end of term and revoking\nright 10\n\nPage\ncontents 2 Cemeteries and Crematoria Act 2020\nDivision 3.1 Definition\n13 Meaning of certification document—pt 3 13\n14 Offence—transporting human remains 14\nSubdivision 3.3.1 Burial other than at cemetery\n15 Burial other than at cemetery—application 14\n16 Offences—burial other than at cemetery 15\nSubdivision 3.3.2 Burial at cemetery\n17 Burial at cemetery—application 16\n18 Offence—burial at cemetery 18\n19 Offence—refusal or interference with burial activities related to\nreligion, cultural group etc 19\n20 Offence—burial to conceal offence 20\n21 Burial—term 20\n22 Cremation—application 20\n23 Cremation—2 or more people at same time 22\n24 Minister or magistrate may prohibit cremation 24\n25 Offence—collection of cremated remains 24\n26 Offence—cremation other than at crematorium 25\n27 Offences—cremation at crematorium 26\n28 Offence—refusal or interference with cremation activities related to\nreligion, cultural group etc 27\n29 Offence—cremation to conceal offence 27\n30 Interment—application 28\n31 Offence—interment 29\n32 Offence—refusal or interference with interment activities related to\nreligion, cultural group etc 30\n33 Interment—term 30\n34 Disinterment—application 31\n\nPage\ncontents 3\n35 Disinterment—approval by regulator 32\n36 Offence—disinterment 33\n37 Exhumation—application 34\n38 Offences—exhumation 35\n39 Approved container or wrapping—application 36\n40 Burial or cremation without certification document 37\n41 Medical referee—appointment 38\n42 Offences—doctor’s certificate 39\n43 Requirements for transportation, burial or cremation in coffin etc 40\n44 Offence—damage to facility property 41\n45 Offence—operating facility without licence 41\n46 Offence—operating facility not in accordance with licence 42\n47 Offences—failure to maintain facility 42\n48 Meaning of suitable person—div 4.2 43\n49 Licence—application 43\n50 Licence—term 46\n51 Licence—amendment 46\n52 Licence—transfer 48\n53 Licence—surrender 51\n54 Closing facility—application 51\n55 Application—request for information 53\n56 Offences—failure to update information in application 54\n57 Offence—failure to update information 55\n58 Register of licences 56\nSubdivision 4.4.1 Standard operating procedures\n59 Standard cemetery operating procedures 57\n\nPage\ncontents 4 Cemeteries and Crematoria Act 2020\n60 Standard crematorium operating procedures 59\n61 Standard facility operating procedures 60\nSubdivision 4.4.2 Licensee registers\n62 Register—right to burial and right to interment 61\n63 Register—burial, cremation, interment etc 62\n63A Register—cremation collections 64\n64 Offences—keeping registers 64\nSubdivision 4.4.3 Licensee records\n65 Facility records—burial, cremation, interment etc 66\n66 Offences—failing to keep records 67\n67 Offences—auditing records 67\n68 Offence—transferring records 68\n69 Definitions—div 5.1 69\n70 Immediate suspension of licence—danger to public health 70\n71 Disciplinary action—no immediate danger to public health 71\n72 Amended or suspended licence—action by regulator 72\nDivision 5.2 Directions\n73 Direction to stop contravening Act or condition 73\n74 Offence—direction 73\n75 Enforceable undertaking for offence 74\n76 Enforceable undertaking—withdrawal or amendment 75\n77 Ending enforceable undertaking 75\n78 Undertaking not admission of fault or liability 76\n79 Enforceable undertaking—contravention 76\n80 Enforceable undertaking—effect on other proceedings 77\n81 Enforceable undertakings—register 77\nDivision 6.1 Definitions\n82 Definitions—pt 6 79\n\nPage\ncontents 5\n83 Authorised person—appointment 80\n84 Identity cards 80\n85 Authorised person must show identity card 81\n86 Power to enter premises 81\n87 Consent to entry 83\n88 General powers on entry to premises 84\n89 Power to seize things 84\n90 Direction to give name and address 86\n91 Offence—fail to comply with direction to give name and address 87\n92 Warrants—generally 87\n93 Warrants—application other than in person 89\n94 Warrants—announcement before entry 90\n95 Details of warrant to be given to occupier etc 91\n96 Occupier entitled to be present during search etc 91\n97 Receipt for things seized 92\n98 Moving things to another place 92\n99 Access to things seized 93\n100 Return of things seized 94\n101 Damage etc to be minimised 95\n102 Compensation for exercise of enforcement powers 95\n103 Authority perpetual care trust—establishment 97\n104 Licensee perpetual care trust—establishment 97\n105 Determination of trustee 98\n106 Determination of perpetual care trust percentage 98\n107 Perpetual care trust percentage—requesting information and\ndocuments 99\n108 Perpetual care trust—licensee receipt 99\n109 Offence—failure to give perpetual care trust percentage 100\n110 Offence—protection of perpetual care trust 100\n111 Perpetual care trust—records 101\n112 Perpetual care trust—dissolution 102\n\nPage\ncontents 6 Cemeteries and Crematoria Act 2020\nPart 7A Maintenance of closed facilities\n112A Territory responsible for maintenance of closed facilities 103\n113 Establishment of authority 104\n114 Functions of authority 104\n115 Approval to operate facility 105\n116 Authority taken to be licensee 105\n116A Minister may make declaration closing authority operated facility 105\n117 Establishment of governing board 107\n118 Governing board members 107\n118A Chief executive officer of authority 107\n118B Authority’s staff 107\n119 Ministerial directions to authority 108\nPart 9 Regulator\n120 Regulator—appointment 109\n121 Regulator—functions 109\n122 Delegation 109\n123 Code of practice—approval 110\n124 Failure to comply with code of practice 110\nPart 11 Notification and review of decisions\n125 Definitions—pt 11 112\n126 Reviewable decision notices 112\n127 Applications for review 112\n128 Determination of fees 113\n129 Protection from liability 113\n130 Regulation-making power 114\n\nPage\ncontents 7\nPart 21 Transitional—Cemeteries and Crematoria\nAmendment Act 2024\n215 Continuation of perpetual care trusts 115\n216 Expiry—pt 21 115\nSchedule 1 Reviewable decisions 116\nDictionary 117\n1 About the endnotes 122\n2 Abbreviation key 122\n3 Legislation history 123\n4 Amendment history 124\n5 Earlier republications 127\n6 Expired transitional or validating provisions 128\n\nAn Act about cemeteries and crematoria, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Cemeteries and Crematoria Act 2020.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘stillborn child—see the Births,\nDeaths and Marriages Registration Act 1997, dictionary.’ means that the\nterm ‘stillborn child’ is defined in that dictionary and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Object of Act\n(1) The main object of this Act is to provide a financially sustainable\nmodel for the management of cemeteries and crematoria that\nrecognises, and provides for, the diverse needs of the community.\n(2) This is achieved particularly by—\n(a) recognising the rights of people to the dignified and respectful\ntreatment of their human remains and the human remains of their\nloved ones; and\n(b) respecting the diverse burial, cremation and interment practices,\ncultural practices and religious beliefs of people; and\n(c) promoting financially sustainable facilities and practices for\nburying and cremating human remains and interring cremated\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of death certificate—pt 2","content":"7 Meaning of death certificate—pt 2\ndeath certificate means—\n(a) the notice of death of a deceased person issued under the Births,\nDeaths and Marriages Registration Act 1997, section 35 (1); or\n(b) a certificate under the Coroners Act 1997, section 16 (Release\nof body); or\n(c) if a deceased person died outside of the Territory, a document\nthat—\n(i) is issued or given under a law of the place where the person\ndied; and\n(ii) corresponds to a notice mentioned in paragraph (a) or a\ncertificate mentioned in paragraph (b).\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Right to burial","content":"8 Right to burial\n(1) A person may apply to the licensee of a cemetery for a right to burial\nof human remains at the cemetery.\n(2) The application must be in writing and include the following:\n(b) the date of the application;\n(c) the kind of burial site at the cemetery sought;\n(d) the preferred burial area at the cemetery (if any);\n\n(3) The licensee of the cemetery must—\n(5) The licensee may accept the application only if the licensee is\nsatisfied that, at the time the right to burial will be exercised for the\nfirst time—\n(a) a burial site will be available at the cemetery; and\n(b) if the person applied for—\n(i) a kind of burial site at the cemetery—a burial site of that\nkind will be available at the cemetery; and\n(ii) a right to burial in a particular area of the cemetery—a\nburial site will be available in the area of the cemetery.\n(6) If the licensee accepts the application, the licensee must give the\nperson a document, in writing, including the following information\n(a right to burial certificate):\n(a) the name and location of the cemetery;\n(b) the unique identifying number for—\n(i) the right to burial certificate; and\n(ii) the licensee of the cemetery;\n(c) the day the right is given;\n(d) if the application was for a kind of burial site at the cemetery—\nthe kind of burial site;\n(e) if the application was for a particular area of the cemetery—the\narea;\n(f) any other information prescribed by regulation.\n\n(7) The licensee must give the person—\n(a) the facility plan for the cemetery; and\n(b) a statement to the effect that, if a right to burial under the\ncertificate has not been exercised within 60 years after the day\nthe right is given, the right will end; and\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Right to interment","content":"9 Right to interment\n(1) A person may apply to the licensee of a facility for a right to interment\nof cremated remains at the facility.\n(2) The application must be in writing and include the following:\n(b) the kind of interment site sought at the facility;\n(c) the preferred interment area at the facility (if any);\n(3) The licensee of the facility must—\n(5) The licensee may accept the application only if the licensee is\nsatisfied that at the time the right will be exercised for the first time—\n(a) an interment site will be available at the facility; and\n\n(b) if the person applied for—\n(i) a kind of interment site at the facility—the interment site\nwill be of the kind applied for; and\n(ii) an interment site in a particular area of the facility—an\ninterment site will be available in the area.\n(6) If the licensee accepts the application, the licensee must give the\nperson a document, in writing, containing the following information\n(a right to interment certificate):\n(a) the name and location of the facility;\n(b) the unique identifying number for—\n(i) the right to interment certificate; and\n(ii) the licensee of the facility;\n(c) the day the right is given;\n(d) if the application is for a kind of interment site at the facility—\nthe kind of interment site;\n(e) if the application is for a particular area of the facility—the area;\n(f) any other information prescribed by regulation.\n(7) The licensee of the facility must give the person—\n(a) the facility plan for the facility; and\n(b) a statement to the effect that if the person does not exercise the\nright within 60 years after the day the right is given, the right\nwill cease; and\n\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Right to burial and right to interment—transfer","content":"10 Right to burial and right to interment—transfer\n(1) A person who has a right to burial at a cemetery or a right to interment\nat a facility may apply to transfer the right to another person.\n(a) be made to the licensee—\n(i) for a right to burial—of the cemetery; or\n(ii) for a right to interment—of the facility; and\n(b) be in writing and include the following information:\n(i) the name and contact details of the person applying to\ntransfer the right (the transferor);\n(ii) a copy of the right to burial certificate or right to interment\ncertificate for the right;\n(iii) the name and contact details of the person to whom the\nright is to be transferred (the transferee) and a statement\nthat the transferee agrees to the right being transferred to\nthem;\n(5) The licensee may accept the application only if satisfied that a right\nunder the right to burial certificate or right to interment certificate has\nnot been exercised.\n\n(6) If the licensee of a facility accepts an application , the licensee must—\n(a) attach a written amendment to the right to burial certificate or\nright to interment certificate stating—\n(i) the name and contact details of the transferor; and\n(ii) the name and contact details of the transferee; and\n(iii) the period remaining in the term of the right; and\n(iv) anything else prescribed by regulation; and\n(b) tell the transferor, in writing—\n(i) that the licensee is transferring the right to the transferee;\nand\n(ii) the day of the transfer; and\n(c) tell the transferee, in writing, that the right has been transferred\nto them and give the transferee a copy of—\n(i) for a right to burial—the right to burial certificate; and\n(ii) for a right to interment—the right to interment certificate;\nand\n(iii) the written amendment of the certificate mentioned in\nparagraph (a).\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Right to burial and right to interment—term","content":"11 Right to burial and right to interment—term\n(1) A right to burial of human remains at a cemetery—\n(a) starts on the day the licensee of the cemetery gives a right to\nburial certificate to the person who applied for the right under\nsection 8; and\n(b) ends—\n(i) for a right to burial of 1 person—when the person is buried\nin accordance with the right; or\n\n(ii) for a right to burial of 2 or more people—when all the\npeople have been buried in accordance with the right; or\n(iii) if the right has not been exercised—60 years after the right\nis given.\nNote The term of a burial is in perpetuity (see s 21).\n(2) A right to interment of cremated remains at a facility—\n(a) starts on the day the licensee of the facility gives a right to\ninterment certificate to the person who applied for the right\nunder section 9; and\n(b) if the right has not been exercised—ends 60 years after the day\nthe right is given.\nNote The term of the interment of cremated remains is in perpetuity unless the\nremains are disinterred in accordance with this Act (see s 33).\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Right to burial or interment—notice about end of term","content":"12 Right to burial or interment—notice about end of term\nand revoking right\n(1) This section applies—\n(a) to the licensee of a cemetery if—\n(i) a right to burial certificate has been given in relation to the\ncemetery; and\n(ii) a right under the certificate has not been exercised; and\n(iii) 58 years have passed since the certificate was given; and\n(b) to the licensee of a facility if—\n(i) a right to interment certificate has been given in relation to\n(ii) a right under the certificate has not been exercised; and\n(iii) 58 years have passed since the certificate was given.\n\n(2) The licensee must take all reasonable steps—\n(a) to contact the right holder and tell them the right will end in\n2 years (the notice period); and\n(b) if the licensee becomes aware that the right holder is deceased—\nto contact a descendant of the right holder to tell them that the\nright will end at the end of the notice period.\n(3) If the licensee takes the steps mentioned in subsection (2) but is\nunable to contact the right holder or their descendant 4 weeks before\nthe end of the notice period, the licensee must give public notice that\nthe right will be revoked at the end of the notice period.\n(4) If the licensee gives public notice in accordance with subsection (3),\nand the licensee is not contacted by the right holder or a descendant\nof the right holder, the licensee may revoke the right at the end of the\nnotice period.\n(5) If, within the notice period, the right holder or a descendant of the\nright holder contacts the licensee about the right, the right holder or\ndescendant may—\n(a) retain the right for the remaining period of the term of the right;\nor\n(b) forfeit the right to the licensee for half the fee for an equivalent\nright until the forfeiture occurs.\n(6) If the licensee revokes the right in accordance with subsection (4) and\nthe right holder or a descendant of the right holder applies to the\nlicensee to exercise the right after it has been revoked, the licensee\nmust give the right holder or descendant—\n(a) an equivalent right at the cemetery or facility; or\n(b) half the fee for the equivalent right at the time the right holder\nor descendant makes the application to exercise the right.\n\n(7) In this section:\nright holder means—\n(a) for a right to burial—\n(i) the person who was given the right under section 8; or\n(ii) if the right has been transferred to another person under\nsection 10—the person to whom the right to burial was\ntransferred; and\n(b) for a right to interment—\n(i) the person who was given the right under section 9; or\n(ii) if the right has been transferred to another person under\nsection 10—the person to whom the right was transferred.\n\nDefinition Division 3.1\nPart 3 Burial, cremation, interment or\nexhumation\nDivision 3.1 Definition\n13 Meaning of certification document—pt 3\ncertification document, for the human remains of a deceased person,\nmeans—\n(a) a notice of death for the deceased person issued under the Births,\nDeaths and Marriages Registration Act 1997, section 35 (1); or\n(b) if the human remains are of a stillborn child—a certificate under\nthe Births, Deaths and Marriages Registration Act 1997,\nsection 35 (1); or\n(c) a certificate under the Coroners Act 1997, section 16 (Release\nof body); or\n(d) if the human remains are of a deceased person who died outside\nthe Territory, a document—\n(i) issued or given under the law of the place where the person\ndied; and\n(ii) that corresponds to a certificate mentioned in\nparagraph (a), (b) or (c).\n\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Offence—transporting human remains","content":"14 Offence—transporting human remains\n(a) the person transports human remains; and\n(b) the human remains are not in an acceptable container or\nacceptable wrapping.\n","sortOrder":11},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"3.1 Burial other than at cemetery","content":"Subdivision 3.3.1 Burial other than at cemetery\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Burial other than at cemetery—application","content":"15 Burial other than at cemetery—application\n(1) A person may apply to the regulator for permission to bury human\nremains at a place other than a cemetery.\ninformation and documents:\n(b) the name of the deceased person whose human remains will be\nburied;\n(c) the address of the place where the burial will take place;\n(d) anything else prescribed by regulation;\n(e) either—\n(i) a certification document for the human remains; or\ncertification document);\n\n(f) if the human remains are fetal remains—a statement signed by\na doctor, nurse or midwife stating that the remains are fetal\nburied.\n(a) permit the burial; or\n(b) refuse to permit the burial.\n(5) The regulator may permit the burial only if satisfied that it would not\nbe contrary to the interests of public health.\n(6) The permission must be in writing and may be subject to conditions.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Offences—burial other than at cemetery","content":"16 Offences—burial other than at cemetery\n(a) the person buries human remains other than at a cemetery; and\n(b) the person does not have permission under section 15.\n(a) the person has permission to bury human remains other than at\na cemetery under section 15; and\n(b) the person does not bury the human remains in accordance with\nthe permission.\n\n(a) the person has permission to bury human remains other than at\na cemetery under section 15; and\n(b) the permission is subject to a condition; and\n(c) the person does not comply with the condition.\nSubdivision 3.3.2 Burial at cemetery\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Burial at cemetery—application","content":"17 Burial at cemetery—application\n(1) A person may apply to the licensee of a cemetery for human remains\nto be buried at the cemetery.\n(b) the name of the deceased person whose human remains are to be\nburied and their—\n(c) if the deceased person has a right to burial at the cemetery—a\ncopy of the right to burial certificate for the person; and\n(d) if the deceased person does not have a right to burial at the\ncemetery—an application under section 8; and\n(e) a statement about whether the deceased person will be buried in\nan acceptable container or acceptable wrapping; and\n(f) if the deceased person will be buried in a container or wrapping\napproved under section 39—a copy of the approval; and\n\n(g) either—\n(i) a certification document for the human remains; or\n(h) if the human remains are fetal remains—a statement signed by\na doctor, nurse or midwife stating that the remains are fetal\nburied.\n(5) If the deceased person has a right to burial at the cemetery, the\nlicensee must accept the application.\n(6) If the deceased person does not have a right to burial at the\ncemetery—the licensee may only accept the application if the\nlicensee gives a right of burial certificate for the deceased person.\n(7) If the licensee agrees to the burial, the licensee must—\n(a) schedule a day and time for the burial; and\n(b) allocate a burial site that—\n(i) is on the facility plan for the cemetery; and\n(ii) is a kind of burial site and in the burial area mentioned on\nthe right to burial certificate covering the deceased person;\nand\n(c) tell the person, in writing, of the licensee’s agreement to the\nburial, including the day and time of the scheduled burial; and\n\n(d) allocate a unique identifying number for the burial; and\n(e) give the person the unique identifying number in writing.\n(8) If the licensee does not agree to the burial, the licensee must tell the\nperson in writing.\n(9) If an undertaker or funeral director is acting for, or on behalf of, a\nperson, information that must be given to the person under this\nsection may instead be given to the undertaker or funeral director.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Offence—burial at cemetery","content":"18 Offence—burial at cemetery\n(b) buries human remains at the cemetery; and\n(c) fails to comply with a requirement mentioned in subsection (2).\n(2) For subsection (1) (c), the requirements are that—\n(a) the human remains must be contained in an acceptable container\nor acceptable wrapping; and\n(b) the person must have either of the following for the human\nremains:\n(i) a certification document;\n(ii) an approval given under section 40 (Burial or cremation\nwithout certification document); and\n(c) if the human remains are buried in a vault—the person must\nhave a written statement from the person who transported the\nremains to the cemetery stating that the human remains—\n(i) have been embalmed; and\n(ii) are in a sealed corrosion resistant container; and\n\n(d) the human remains must be buried in accordance with the\nfollowing:\n(i) the minimum standards for the burial of human remains\nprescribed by regulation;\n(ii) the standard operating procedures for the cemetery;\n(iii) if a code of practice applies to the burial or the cemetery—\nthe code of practice;\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Offence—refusal or interference with burial activities","content":"19 Offence—refusal or interference with burial activities\n(a) the person is the licensee of a cemetery; and\n(b) the person buries human remains at the cemetery; and\n(c) the deceased person whose human remains are buried, or a\nfamily member of the deceased person, requests or carries out\nactivities for the burial that are—\n\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Offence—burial to conceal offence","content":"20 Offence—burial to conceal offence\nA person commits an offence if the person buries human remains to\nconceal the commission of an offence.\nMaximum penalty: 1 000 penalty units, imprisonment for 5 years or\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Burial—term","content":"21 Burial—term\nThe term of the burial of human remains at a cemetery—\n(a) starts on the day the human remains are buried; and\n(b) continues in perpetuity.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"Cremation—application","content":"22 Cremation—application\n(1) A person may apply to the licensee of a crematorium for the\ncremation of human remains at the crematorium.\n(b) the name of the deceased person whose human remains will be\ncremated and their—\n(c) a statement about whether the deceased person has left\ndirections that their remains not be cremated; and\n(d) a statement about whether the deceased person will be in an\nacceptable container or acceptable wrapping; and\n\n(e) either—\n(i) a certification document; or\n(f) a certificate from a medical referee stating that there is no\nmedical reason why the human remains should not be cremated;\nand\n(g) if the human remains are fetal remains—a statement signed by\na doctor, nurse or midwife stating that the remains are human\n(h) if the application is for the cremation of 2 or more people at the\nsame time—an approval under section 23.\n(5) The licensee may accept the application only if satisfied that—\n(a) the deceased person did not leave directions that their human\nremains should not be cremated; and\n(b) the cremation has not been prohibited under section 24; and\n(c) the container for the cremation of the human remains is an\nacceptable container or acceptable wrapping.\n\n(6) If the licensee agrees to the cremation, the licensee must—\n(a) schedule a day and time for the cremation; and\n(b) tell the person, in writing, of the licensee’s agreement to cremate\nthe human remains, including the day of the scheduled\ncremation; and\n(c) allocate a unique identifying number for the cremation; and\n(d) give the person the unique identifying number in writing.\n(7) If the licensee refuses the application, the licensee must tell the person\nin writing.\n(8) If an undertaker or funeral director is acting for, or on behalf of, a\nperson, information that must be given to the person under this\nsection may instead be given to the undertaker or funeral director.\n","sortOrder":20},{"sectionNumber":"23","sectionType":"section","heading":"Cremation—2 or more people at same time","content":"23 Cremation—2 or more people at same time\n(1) A person may apply to the regulator for approval to cremate the\nhuman remains of 2 or more people at the same time.\n(b) the name of each deceased person whose human remains are to\nbe cremated; and\n(c) a statement about whether any of the deceased people have left\ndirections that their remains not be cremated; and\n(d) for each deceased person—either—\n(i) a certification document; or\n\n(e) a certificate from a medical referee stating that there is no\nmedical reason why the human remains should not be cremated;\nand\n(f) if the human remains are fetal remains—a statement signed by\na doctor, nurse or midwife stating that the remains are human\n(g) a statement about why it is appropriate to cremate the people at\nthe same time.\nExample—appropriate\ntwo people who are family members and died at the same time\n(5) The regulator may accept the application if the regulator is satisfied\nthat allowing the people to be cremated at the same time is reasonable\nin the circumstances.\n(6) If the regulator refuses the application, the regulator must tell the\n\n","sortOrder":21},{"sectionNumber":"24","sectionType":"section","heading":"Minister or magistrate may prohibit cremation","content":"24 Minister or magistrate may prohibit cremation\n(1) The Minister or a magistrate may prohibit the cremation of human\nremains at a crematorium.\n(2) The Minister or magistrate may prohibit the cremation only if\nsatisfied that the cremation would—\n(a) be reasonably likely to be dangerous; or\n(b) create a health or safety risk; or\n(c) hinder an investigation under a territory law.\n(3) The prohibition must be in writing and given to the licensee of the\ncrematorium.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n","sortOrder":22},{"sectionNumber":"25","sectionType":"section","heading":"Offence—collection of cremated remains","content":"25 Offence—collection of cremated remains\n(a) the person is the licensee of a crematorium; and\n(b) human remains are cremated at the crematorium; and\n(c) the person does not do the things mentioned in table 25, column\n3 for an item in accordance with the timeframe mentioned in the\ntable, column 2 for the item; and\n(d) 3 years have not passed since the day the human remains were\n(e) the person disposes of the cremated remains.\n(2) In this section:\napplicant means the person who applied for the human remains to be\ncremated under section 22.\n\nsuitable person means a person who is—\n(a) a family member of the deceased person whose human remains\nwere cremated; and\n(b) over 16 years of age.\nTable 25\ncolumn 1\nitem\ncolumn 2\ntimeframe\ncolumn 3\nthings\n1 up to 1 year after the day of\nthe cremation\ntell the applicant that the cremated remains are\navailable to be collected\n2 on and after 1 year from the\nday of the cremation\nmake the cremated remains available to a\nsuitable person\n3 when 2 years has passed from\nthe day of the cremation\n(a) on at least 2 occasions, contact the last\nknown telephone number of the applicant\nor a suitable person requesting collection\nof the cremated remains\n(b) write to the last known postal or email\naddress of the applicant or a suitable\nperson requesting collection of the\ncremated remains\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"Offence—cremation other than at crematorium","content":"26 Offence—cremation other than at crematorium\nA person commits an offence if the person cremates human remains\nother than at a crematorium.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Offences—cremation at crematorium","content":"27 Offences—cremation at crematorium\n(b) cremates human remains at the crematorium; and\n(c) fails to meet a requirement mentioned in subsection (2).\n(2) For subsection (1) (c), the requirements are that—\n(a) the human remains must be contained in an acceptable container\nor acceptable wrapping; and\n(b) the cremation of the human remains is not prohibited under\nsection 24 (Minister or magistrate may prohibit cremation); and\n(c) the human remains are cremated in accordance with the\nfollowing:\n(i) the minimum standards for the cremation of human\nremains prescribed by regulation;\n(ii) the standard operating procedures for the crematorium;\n(iii) if a code of practice applies to the cremation or the\ncrematorium—the code of practice;\n(3) It is a defence to a prosecution for an offence against subsection (1)\nif the chief health officer has given a public health direction, in\nwriting, under the Public Health Act 1997 that requires the cremation\nof the remains in a way that does not satisfy some or all of the\nrequirements.\n\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Offence—refusal or interference with cremation activities","content":"28 Offence—refusal or interference with cremation activities\n(a) the person is the licensee of a crematorium; and\n(b) the person cremates human remains at the crematorium; and\n(c) the deceased person whose human remains are cremated, or a\nfamily member of the deceased person, requests or carries out at\nthe crematorium activities for the cremation that are—\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Offence—cremation to conceal offence","content":"29 Offence—cremation to conceal offence\nA person commits an offence if the person cremates human remains\nto conceal the commission of an offence.\nMaximum penalty: 1 000 penalty units, imprisonment for 5 years or\n\n","sortOrder":27},{"sectionNumber":"30","sectionType":"section","heading":"Interment—application","content":"30 Interment—application\n(1) A person may apply to the licensee of a facility for the interment of\ncremated remains at the facility.\n(b) the name of the deceased person whose cremated remains will\nbe interred in the interment site and their—\n(c) if the deceased person has a right to interment of cremated\nremains at the facility—a copy of the certificate of right to\ninterment; and\n(d) if the deceased person does not have a right to interment of\ncremated remains at the facility—an application under section 9.\n(5) If the deceased person has a right to interment at the facility, the\nlicensee must agree to the interment.\n(6) If the deceased person does not have a right to interment at the\nfacility—the licensee may only accept the application if the licensee\ngives a right of interment certificate for the deceased person.\n\nInterment Division 3.5\n(7) If the licensee agrees to the interment, the licensee must—\n(a) allocate an interment site that—\n(i) is on the facility plan for the facility; and\n(ii) is a kind of interment site and in the interment area\nmentioned on the right of interment certificate; and\n(b) allocate a unique identifying number for the interment; and\n(c) tell the person, in writing, of the licensee’s agreement to the\ninterment, including—\n(i) the day and time of the scheduled burial; and\n(ii) the unique identifying number for the interment.\n(8) If the licensee does not agree to the interment, the licensee must tell\nthe person in writing.\n","sortOrder":28},{"sectionNumber":"31","sectionType":"section","heading":"Offence—interment","content":"31 Offence—interment\n(b) the person inters cremated remains at the facility; and\n(c) the interment is not in accordance with any of the following:\n(i) the minimum standards for the interment of cremated\nremains prescribed by regulation;\n(ii) the standard operating procedures for the facility;\n(iii) if a code of practice applies to the interment or the\nfacility—the code of practice;\n\n","sortOrder":29},{"sectionNumber":"32","sectionType":"section","heading":"Offence—refusal or interference with interment activities","content":"32 Offence—refusal or interference with interment activities\n(b) the person inters cremated remains at the facility; and\n(c) the deceased person whose cremated remains are interred, or a\nfamily member of the deceased person, requests or carries out at\nthe facility activities for the interment that are—\n","sortOrder":30},{"sectionNumber":"33","sectionType":"section","heading":"Interment—term","content":"33 Interment—term\nThe term of the interment of cremated remains at a facility starts on\nthe day the remains are interred and ends on the earlier of—\n(a) if the remains are disinterred from the site in accordance with\nsection 34 or section 35—the day the remains are disinterred; or\n(b) continues in perpetuity.\n\nDisinterment Division 3.6\n","sortOrder":31},{"sectionNumber":"34","sectionType":"section","heading":"Disinterment—application","content":"34 Disinterment—application\n(1) A person may apply to the licensee of a facility for the disinterment\nof cremated remains from an interment site at the facility.\n(b) the name of the deceased person whose cremated remains will\nbe disinterred; and\n(c) the relationship of the person to the person whose cremated\nremains will be disinterred; and\n(d) a copy of the right to interment certificate for the deceased\nperson.\n(5) The licensee may agree to the disinterment of the cremated remains\nonly if satisfied that the person is a family member of the deceased\nperson and is over the age of 16.\n(6) If the licensee agrees to the disinterment of cremated remains from a\nburial site at the facility, the licensee must tell the person, in writing—\n(a) the unique identifying number for the disinterment; and\n(b) the date after which the cremated remains will be available for\ncollection; and\n\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Disinterment—approval by regulator","content":"35 Disinterment—approval by regulator\n(1) This section applies if the licensee of a facility intends to disinter\ncremated remains from an interment site at the facility on the\nlicensee’s own initiative.\n(2) The licensee may apply to the regulator for approval of the\ndisinterment of cremated remains from the site.\n(3) The application must be in writing and include the following\n(a) the unique identifying number of the facility;\n(b) the unique identifying number of the site from which the\ncremated remains will be interred;\n(c) the name of the deceased person whose cremated remains are\ninterred in the site;\n(d) the purpose of disinterring the cremated remains from the site;\n(5) The regulator may refuse to consider the application further if it is not\nin accordance with subsection (3).\n(6) The regulator may approve the disinterment only if satisfied that—\n(a) the cremated remains will be dealt with appropriately, with care\nand are not at risk of being mismanaged or lost; and\n(b) the licensee has appropriate practices and procedures to avoid—\n(i) misplacing the cremated remains; or\n(ii) damaging any container or memorialisation relating to the\ncremated remains; and\n\nDisinterment Division 3.6\n(c) the licensee intends—\n(i) to relocate the cremated remains to another interment site\nin the facility; or\n(ii) to store the cremated remains at the facility; or\n(iii) to give the cremated remains of the deceased person whose\nhuman remains are interred to a person who the licensee is\nsatisfied is a family member of the deceased person and\nover the age of 16.\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Offence—disinterment","content":"36 Offence—disinterment\n(b) the person disinters cremated remains from an interment site at\n(c) either—\n(i) the licensee has not agreed to an application under\nsection 34; or\n(ii) the regulator has not approved the disinterment under\nsection 35; and\n(d) the disinterment is not in accordance with—\n(i) the minimum standards for the disinterment of cremated\nremains prescribed by regulation; and\n(ii) the standard operating procedures for a facility; and\n\n(iii) if a code of practice applies to the disinterment or the\nfacility—the code of practice; and\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Exhumation—application","content":"37 Exhumation—application\n(1) A person may apply to the chief health officer for authorisation to\nexhume human remains.\n(a) be in writing; and\n(b) include anything else prescribed by regulation.\n(3) The chief health officer must—\n(4) The chief health officer may refuse to consider the application further\nif it is not in accordance with subsection (2).\n(5) The chief health officer may—\n(a) authorise the exhumation only if satisfied that it would not be\ncontrary to the interests of public health; and\n(b) impose conditions on the authorisation.\n(6) If the chief health officer authorises the exhumation, the chief health\nofficer must tell the person, in writing—\n(a) that the exhumation is authorised; and\n(b) any conditions applying to the authorisation.\n\nExhumation Division 3.7\n(7) If the chief health officer refuses the application, the chief health\nofficer must tell the person, in writing, the reasons for the refusal.\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Offences—exhumation","content":"38 Offences—exhumation\n(a) the person exhumes human remains; and\n(b) the person is not authorised to exhume the human remains—\n(i) by a warrant under the Coroners Act 1997 authorising the\nexhumation; or\n(ii) by the regulator given under section 37.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n(a) the regulator authorises the exhumation of human remains under\nsection 37; and\n(b) the authorisation is subject to a condition; and\n(c) the person exhumes the human remains; and\n(d) the person does not comply with the condition.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n(3) Subsection (1) does not apply if—\n(a) the licensee exhumes human remains from a burial site at the\ncemetery; and\n\n(b) the sole purpose of exhuming the human remains is to enable the\nburial in the site of the human remains of a deceased person who\nhas a right to burial in the same site as the deceased person\nwhose human remains are exhumed.\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Approved container or wrapping—application","content":"39 Approved container or wrapping—application\n(1) The chief health officer may, in writing, approve—\n(a) a container other than a coffin or eco-coffin as suitable for\ntransporting, burying or cremating human remains; or\n(b) a wrapping other than a shroud as suitable for transporting,\nburying or cremating human remains.\n(2) The chief health officer may approve the container or wrapping—\n(a) at the officer’s own initiative; or\n(b) on application made under subsection (3).\n(3) A person may apply to the chief health officer for approval of a\ncontainer or wrapping for transporting, burying or cremating human\n(4) The application must be in writing and include anything else\nprescribed by regulation.\n(5) The chief health officer must—\n(6) The chief health officer may refuse to consider the application further\nif it is not in accordance with subsection (4).\n\nMiscellaneous Division 3.8\n(7) The chief health officer may approve a container or wrapping only if\nsatisfied—\n(a) that transporting, burying or cremating human remains in the\ncontainer or wrapping is not contrary to public health; and\n(b) of anything else prescribed by regulation.\n(8) The approval may be subject to conditions.\n(9) If the chief health officer refuses the application, the chief health\nofficer must tell the person, in writing, the reasons for the refusal.\n(10) An approval under subsection (2) (a) is a notifiable instrument.\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Burial or cremation without certification document","content":"40 Burial or cremation without certification document\n(1) The regulator may approve the burial or cremation of human remains\nwithout a certification document.\n(2) A person may apply to the regulator for approval of the burial or\ncremation of human remains of a deceased person without a\ncertification document.\n(3) The application must be in writing and include—\n(b) the name of the deceased person; and\n(c) an explanation of why there is no certification document for the\ndeceased person; and\n(d) a description of the measures the person has taken to obtain a\ncertification document for the deceased person.\n\n(5) The regulator may refuse to consider the application further if it is not\nin accordance with subsection (3).\n(6) The regulator may accept the application only if satisfied that it is\nimpracticable to obtain a certification document for the human\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Medical referee—appointment","content":"41 Medical referee—appointment\n(1) The regulator may appoint a person as a medical referee.\n(2) The person must be a doctor who has been a doctor for a continuous\nperiod of at least 5 years before the day the regulator appoints the\nperson as a medical referee.\n\nMiscellaneous Division 3.8\n","sortOrder":39},{"sectionNumber":"42","sectionType":"section","heading":"Offences—doctor’s certificate","content":"42 Offences—doctor’s certificate\n(a) the coroner must hold an inquest into the manner and cause of\ndeath of a deceased person under the Coroners Act 1997; and\n(b) the person—\n(i) is a doctor; and\n(ii) gives a certificate about the death of the deceased person\nunder a territory law.\nNote The Coroners Act 1997, s 13 states when a coroner must hold an inquest\ninto the manner and cause of death of a person.\n(a) is a doctor; and\n(b) gives a certificate about the death of a deceased person under a\nterritory law; and\n(c) knows that—\n(i) the person has a financial interest in the deceased person’s\ndeath under a life insurance policy; or\n(ii) the person has a right or expectancy to property of any kind\non the deceased person’s death.\ndoctor includes a doctor who is a medical referee.\n\n","sortOrder":40},{"sectionNumber":"43","sectionType":"section","heading":"Requirements for transportation, burial or cremation in","content":"43 Requirements for transportation, burial or cremation in\ncoffin etc\n(1) The chief health officer may determine requirements for the\ntransportation, burial or cremation of human remains in any of the\nfollowing kind of container or wrapping:\n(a) a coffin;\n(b) an eco-coffin;\n(c) a shroud.\n(2) The chief health officer must be satisfied the requirement is in the\ninterests of public health.\n(3) A determination is a notifiable instrument.\n\nOffences—general Division 4.1\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"Offence—damage to facility property","content":"44 Offence—damage to facility property\n(1) A person commits an offence if the person damages or disturbs\nproperty at a facility.\n(2) Subsection (1) does not apply to—\n(a) something done at the facility by the licensee of the facility—\n(i) to reasonably maintain the facility; or\n(ii) to ensure the safety of people at the facility; or\n(b) damage or disturbance of property at the facility resulting from\nthe exhumation of human remains authorised by—\n(i) a warrant under the Coroners Act 1997 authorising the\nexhumation; or\n(ii) written permission of the regulator given under section 37\n(Exhumation—application).\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"Offence—operating facility without licence","content":"45 Offence—operating facility without licence\n(a) the person operates a facility; and\n(b) the person is not the licensee of the facility.\nMaximum penalty: 100 penalty units, imprisonment for 12 months\nor both.\n\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Offence—operating facility not in accordance with licence","content":"46 Offence—operating facility not in accordance with licence\n(b) has been given a licence to operate the facility under\ndivision 4.2; and\n(c) does not operate the facility in accordance with the licence.\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Offences—failure to maintain facility","content":"47 Offences—failure to maintain facility\n(b) does not maintain the facility.\n(b) does not keep the facility clean and tidy.\nfacility does not include any of the following:\n(a) a monument, headstone, gravestone or other memorial on a\nburial site or interment site;\n(b) a memorial to a deceased person that is not attached to a burial\nsite or interment site.\n\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Meaning of suitable person—div 4.2","content":"48 Meaning of suitable person—div 4.2\nIn this division:\nsuitable person, for an application under this division, means a\nperson who—\n(a) has not, within 2 years before the application is made,\ncommitted an offence under this Act or a corresponding law of\na State; and\n(b) is not, and has not been within the 5 years before the\napplication—\n(i) bankrupt or personally insolvent; or\n(ii) involved in the management of a corporation when the\ncorporation was insolvent.\nNote 1 Bankrupt or personally insolvent—see the Legislation Act, dict, pt 1.\nNote 2 State includes the Northern Territory (see Legislation Act, dict, pt 1).\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Licence—application","content":"49 Licence—application\n(1) A person may apply to the regulator for a licence to operate a facility.\n(b) the name and address of the facility;\n(c) whether the facility is a cemetery, a crematorium or both;\n(d) the facility plan;\n(e) a statement about the knowledge and experience the person has\nrelevant to operating the facility;\n\n(f) a statement about how the person will, when operating the\n(g) anything else prescribed by regulation.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(5) The regulator may accept the application only if the regulator is\nsatisfied that—\n(a) the person has the appropriate level of knowledge and\nexperience relevant to operating the facility; and\n(b) the person will, when operating the facility—\n\n(c) the person is likely to comply with the requirements of this Act.\nreasonable grounds—\n(a) that the application contains information that is materially false\nor misleading; or\n(b) the person is not a suitable person to operate the facility.\n(7) The regulator may give the licence subject to conditions.\n(8) If the regulator accepts the application, the regulator must tell the\nperson, in writing, that the application is accepted and give the person\na licence to operate the facility stating—\n(a) the name and address of the facility; and\n(b) the name and contact details of the licensee; and\n(c) the unique identifying number for the facility and the licence;\nand\n(d) any conditions on the licence; and\n(9) If the regulator refuses the application, the regulator must tell the\n\n","sortOrder":47},{"sectionNumber":"50","sectionType":"section","heading":"Licence—term","content":"50 Licence—term\nA licence to operate a facility starts on the day after the day this\nlicence fee is paid and ends on the earlier of—\n(a) if the licence is surrendered under section 53—the day the\nsurrender takes effect; and\n(b) if the licence is cancelled under division 5.1 (Disciplinary\naction)—the day the cancellation takes effect.\n","sortOrder":48},{"sectionNumber":"51","sectionType":"section","heading":"Licence—amendment","content":"51 Licence—amendment\n(1) The licensee of a facility may apply to the regulator to amend the\nlicence to operate the facility.\n(a) the name and contact details of the licensee;\n(b) the unique identifying number of the facility and licence;\n(c) a description of the proposed amendment;\n(d) the reason for the proposed amendment;\n(e) a statement about how the proposed amendment is consistent\nwith—\n(i) demonstrating respect for the diversity of people’s\nreligious and cultural beliefs and practices in relation to\ndeath and dying, the burial and cremation of human\nremains and interment of cremated remains; and\n(ii) implementing financially sustainable practices for burying\n(f) anything else prescribed by regulation.\n\n(5) The regulator may accept the application only if satisfied that—\n(a) the proposed amendment is consistent with the licensee—\n(i) demonstrating respect for the diversity of people’s\nreligious and cultural beliefs and practices in relation to\ndeath and dying, the burial and cremation of human\nremains and interment of cremated remains; and\n(ii) implementing financially sustainable practices for burying\n(b) the licensee has complied, and is likely to continue to comply,\nwith the requirements of this Act.\n(a) the application contains information that is materially false or\nmisleading; or\n(b) the person is not a suitable person to operate the facility; or\n(c) the person has failed to comply with this Act.\n(7) The regulator may accept the application subject to conditions.\n(8) If the regulator accepts the application, the regulator must—\n(a) allocate a unique identifying number for the amendment; and\n\n(b) tell the licensee, in writing, that the application is accepted and\ngive the licensee a written document stating the following:\n(i) the name and address of the facility;\n(ii) the name and contact details of the licensee;\n(iii) the unique identifying number for the facility, licence and\namendment;\n(iv) any conditions imposed on the licence as a result of the\namendment.\n(9) If the regulator refuses the application, the regulator must tell the\n","sortOrder":49},{"sectionNumber":"52","sectionType":"section","heading":"Licence—transfer","content":"52 Licence—transfer\n(1) The licensee of a facility (the transferor) may apply to the regulator\nto transfer the licence to operate the facility to another person\n(the transferee).\n(a) the name and contact details of the transferor;\n(b) the unique identifying number of the licence;\n(c) the name of the facility;\n(d) the unique identifying number of the facility;\n(e) the facility plan;\n(f) the name and contact details of the transferee;\n(g) a statement about the knowledge and experience of the\ntransferee relevant to operating the facility;\n\n(h) a statement about how the transferee will, when operating the\n(i) the reason for the transfer of the licence;\n(j) anything else prescribed by regulation.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n(5) The regulator may accept the application only if satisfied that—\n(a) the transferee has the appropriate level of knowledge and\nexperience relevant to operating the facility; and\n(b) the transferee will, when operating the facility—\n\n(c) the transferee is likely to comply with the requirements of this\nAct.\n(a) the application contains information that is materially false or\nmisleading; or\n(b) the transferee is not a suitable person.\n(7) If the regulator accepts the application, the regulator must—\n(a) tell the transferor and the transferee, in writing, that the transfer\nis approved; and\n(b) give to the transferee the licence stating—\n(i) the name and address of the facility; and\n(ii) the name of the licensee; and\n(iii) a unique identifying number for the facility and licence;\nand\n(iv) the facility plan; and\n(v) the term of the licence; and\n(vi) any conditions on the licence; and\n(vii) anything else prescribed by regulation.\n(8) If the regulator refuses the application, the regulator must tell the\ntransferor, in writing, the reasons for the refusal.\n\n","sortOrder":50},{"sectionNumber":"53","sectionType":"section","heading":"Licence—surrender","content":"53 Licence—surrender\n(1) A licensee may surrender a licence to operate a facility to the\nregulator by giving the regulator notice of the licensee’s intention to\nsurrender the licence.\n(2) The notice must be in writing and include the following information:\n(a) the name of the licensee;\n(b) the unique identifier for the licence;\n(c) the day on which the surrender notice is given to the regulator;\n(d) the reason the licensee is surrendering the licence.\n(3) The licensee may nominate a day, on or after the day the surrender\nnotice is given to the regulator, on which the surrender of the licence\ntakes effect.\n(4) The surrender of a licence takes effect on the earlier of—\n(a) 28 days after the day the licensee gives the surrender notice to\nthe regulator; and\n(b) the day nominated by the licensee.\n","sortOrder":51},{"sectionNumber":"54","sectionType":"section","heading":"Closing facility—application","content":"54 Closing facility—application\n(1) The regulator may approve the licensee of a facility closing the\nfacility to further applications under any 1 or more of the following\nsections:\n(a) section 8 (Right to burial);\n(b) unless the deceased person has a right to burial at the time of the\napplication for burial—section 17 (Burial at cemetery—\n(c) section 9 (Right to interment);\n(d) unless the deceased person has a right to interment at the time of\napplication for interment—section 30 (Interment—application).\n\n(2) The licensee of a facility may apply to the regulator to close the\n(3) The application must be in writing and contain the following\ninformation and documents:\n(a) the name and contact details of the licensee;\n(b) the unique identifying number of the licence and facility;\n(c) a statement about why the licensee wants to close the facility;\n(d) an up-to-date map of the facility showing each site in which a\nright to burial or right to interment has been exercised;\n(e) information about the number of sites at the facility at which a\nright to burial or right to interment has not been exercised;\n(f) for each right of burial or right of interment that has been given\nbut not exercised at the facility—\n(i) the number and kind of rights given but not exercised; and\n(ii) a copy of each right to burial certificate or right to\ninterment certificate;\n(g) anything else prescribed by regulation.\n(5) The regulator may refuse to consider the application further if the\napplication is not in accordance with subsection (3).\n(6) The regulator may accept the application only if the regulator is\nsatisfied that—\n(a) either—\n(i) the licensee has fulfilled each right to burial or right to\ninterment at the facility; or\n\n(ii) the licensee will be able to fulfil each right to burial or right\nto interment at the facility even if the facility is closed; and\n(b) if a right to burial or right to interment has been given but not\nexercised at the facility and the licensee will not be able to fulfil\nthe right—the licensee has revoked the right under section 12\n(Right to burial or interment—notice about end of term and\nrevoking right).\n(7) If the regulator accepts the application, the regulator must tell the\nlicensee, in writing, that the closure of the facility is approved and the\ndate of the closure.\nNote The Territory is responsible for the maintenance of a facility after it is\nclosed (see s 112A).\n(8) If the regulator refuses the application, the regulator must tell the\n","sortOrder":52},{"sectionNumber":"55","sectionType":"section","heading":"Application—request for information","content":"55 Application—request for information\n(1) The regulator may require any of the following people to give the\nregulator additional information the regulator believes on reasonable\ngrounds to be necessary to decide the application:\n(a) a person who applies for a licence under section 49; and\n(b) a person who applies to amend a licence under section 51.\n(2) If an application is to transfer a licence under section 52, the regulator\nmay require the following people to give the regulator additional\ninformation the regulator believes on reasonable grounds to be\nnecessary to decide the application:\n(a) the person who applies to transfer the licence;\n(b) the person who is to receive the transferred licence.\n\n(a) request, in writing, the additional information; and\n(b) may require the additional information to be provided within a\nstated time.\n(4) The regulator may refuse to consider the application further until the\nadditional information is provided.\n","sortOrder":53},{"sectionNumber":"56","sectionType":"section","heading":"Offences—failure to update information in application","content":"56 Offences—failure to update information in application\n(a) a person applies to the regulator for a licence under section 49;\nand\n(b) the information required to be included in the application under\nsection 49 (2) changes; and\n(c) the person does not tell the regulator, in writing, about the\n(b) the person applies to the regulator to amend the licence under\nsection 51; and\n(c) the information required to be included in the application under\nsection 51 (2) changes; and\n(d) the person does not tell the regulator, in writing, about the\n\n(b) the person applies to the regulator to transfer the licence to\nanother person under section 52; and\n(c) the information required to be included in the application under\nsection 52 (2) changes; and\n(d) the person does not tell the regulator, in writing, about the\n","sortOrder":54},{"sectionNumber":"57","sectionType":"section","heading":"Offence—failure to update information","content":"57 Offence—failure to update information\n(b) any of the following information changes:\n(i) the name and contact details of the licensee;\n(ii) any information or matters on the facility plan; and\n(c) the person does not tell the regulator, in writing, about the\nchange within 30 days.\n\n","sortOrder":55},{"sectionNumber":"58","sectionType":"section","heading":"Register of licences","content":"58 Register of licences\n(1) The regulator must keep a register of licences to operate a facility.\n(2) The register must include the following information:\n(a) for each licence given under section 49—\n(i) the name and contact details of the licensee; and\n(ii) the unique identifying number of the licence; and\n(iii) the unique identifying number of the facility; and\n(iv) the term of the licence; and\n(v) if the licence is subject to conditions—the conditions;\n(b) if a licence is amended under section 51—\n(i) a description of the amendment; and\n(ii) the reasons for the amendment; and\n(iii) the date the amendment starts;\n(c) if a licence is amended under division 5.1 (Disciplinary\naction)—\n(i) a description of the amendment; and\n(ii) the reasons for the amendment; and\n(iii) the date the amendment starts;\n(d) if a licence is transferred under section 52—the name of the\nperson to whom the licence is transferred;\n(e) if a licence is surrendered under section 53—the date the licence\nis surrendered;\n\n(f) if a licence is suspended under section 70 (Immediate\nsuspension of licence—danger to public health) or section 71\n(Disciplinary action—no immediate danger to public health)—\n(i) the reason the licence is suspended; and\n(ii) the date the suspension starts and ends;\n(g) if a licence is cancelled under division 5.1—\n(i) the reason the licence is cancelled; and\n(ii) the date the cancellation starts.\n(3) The regulator must make the information on the register available for\npublic inspection.\n(4) The regulator may correct a mistake, error or omission in the register.\n(5) The regulator may change a detail included in the register to keep it\nup-to-date.\nDivision 4.4 Licensee’s operating procedures,\nregister and records\nSubdivision 4.4.1 Standard operating procedures\n59 Standard cemetery operating procedures\n(1) The licensee of a cemetery must make and keep written procedures\nfor the cemetery (the standard cemetery operating procedures)\nincluding procedures for the following:\n(a) allocating a unique identifying number for the human remains\nof each deceased person buried at the facility;\n(b) transporting and moving human remains at the cemetery;\n(c) burying human remains in a site at the cemetery;\n(d) exhuming human remains from a site at the cemetery;\n\n(e) interring cremated remains in a site at the cemetery;\n(f) disinterring cremated remains from a site at the cemetery;\n(g) resolving complaints to the licensee about any activities\nmentioned in paragraphs (a) to (f);\n(h) anything else prescribed by regulation.\n(b) does not make the standard cemetery operating procedures.\n(b) does not keep the standard cemetery operating procedures.\n(b) does not review the standard operating procedures at least every\n2 years.\n\n","sortOrder":56},{"sectionNumber":"60","sectionType":"section","heading":"Standard crematorium operating procedures","content":"60 Standard crematorium operating procedures\n(1) The licensee of a crematorium must make and keep written\nprocedures for the crematorium (the standard crematorium\noperating procedures) including procedures for the following:\n(a) allocating a unique identifying number for—\n(i) the cremation of human remains of a deceased person\nincluding the application, the human remains and the\ncremation; and\n(ii) the cremated remains;\n(b) transporting and moving human remains at the crematorium;\n(c) cremating human remains at the crematorium;\n(d) the collection of cremated remains from the crematorium;\n(e) disposing of cremated remains that have not been collected from\nthe crematorium or interred at the crematorium;\n(f) resolving complaints to the licensee about any activities\nmentioned in paragraphs (a) to (e).\n(2) A person commits an offence if the person is—\n(a) the licensee of a crematorium; and\n(b) does not make the standard crematorium operating procedures.\n(b) does not keep the standard crematorium operating procedures.\n\n(b) does not review the standard crematorium operating procedures\nat least every 2 years.\n","sortOrder":57},{"sectionNumber":"61","sectionType":"section","heading":"Standard facility operating procedures","content":"61 Standard facility operating procedures\n(1) The licensee of a facility must make and keep written procedures for\nthe interment of cremated remains at the facility (the standard facility\noperating procedures) including procedures for the following:\n(a) allocating a unique identifying number for an application for\ninterment of cremated remains at the facility;\n(b) interring cremated remains at the facility;\n(c) allocating a unique identifying number for an application for the\ndisinterment of cremated remains from an interment site at the\nfacility;\n(d) disinterring cremated remains from an interment site at the\nfacility;\n(e) the collection of disinterred cremated remains;\n(f) resolving complaints to the licensee about any activities\nmentioned in paragraphs (a) to (e).\n(b) does not make the standard facility operating procedures.\n\n(b) does not keep the standard facility operating procedures.\n(b) does not review the standard facility operating procedures at\nleast every 2 years.\n","sortOrder":58},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"4.2 Licensee registers","content":"Subdivision 4.4.2 Licensee registers\n","sortOrder":59},{"sectionNumber":"62","sectionType":"section","heading":"Register—right to burial and right to interment","content":"62 Register—right to burial and right to interment\n(1) The licensee of a facility must keep a register of each right to burial\nor right to interment at the facility.\n(2) The register must include the following information and documents:\n(a) the date the right was given;\n(b) for a right to burial—\n(i) the unique identifying number of the right to burial\ncertificate; and\n(ii) a copy of the right to burial certificate;\n(c) for a right to interment—\n(i) the unique identifying number of the right to interment\ncertificate; and\n(ii) a copy of the right to interment certificate;\n\n(d) if the right is transferred under section 10 (Right to burial and\nright to interment—transfer)—\n(i) the date of the transfer; and\n(ii) the name of the transferor and transferee; and\n(iii) a copy of the written statement given under section 10\n(Right to burial and right to interment—transfer) for the\ntransferred right;\n(e) if the right is revoked under section 12 (Right to burial or\ninterment—notice about end of term and revoking right)—\n(i) the date the right is revoked; and\n(ii) the reason the right is revoked.\n","sortOrder":60},{"sectionNumber":"63","sectionType":"section","heading":"Register—burial, cremation, interment etc","content":"63 Register—burial, cremation, interment etc\n(1) The licensee of a facility must keep a register of each burial,\ncremation, interment, disinterment and exhumation at the facility.\n(2) The register must include the following information for a burial:\n(a) the name of the deceased person whose human remains are\nburied and their—\n(b) the unique identifying number—\n(i) of the right to burial certificate; and\n(ii) for the burial site, application, deceased person and their\nhuman remains and the burial given under section 17\n(Burial at cemetery—application);\n(c) the date the human remains are buried;\n\n(d) either—\n(i) the unique identifying number of the facility site where the\nhuman remains of the deceased person are buried; or\n(ii) if the burial was a natural burial, the GPS location where\nthe human remains of the deceased person are buried in the\ncemetery.\n(3) The register must include the following information for a cremation:\n(a) the name of the deceased person whose human remains are\ncremated and their—\n(b) the unique identifying number for the cremation;\n(c) the date the human remains are cremated.\n(4) The register must include the following information for the interment\nof cremated remains:\n(a) the name of the deceased person whose cremated remains are\ninterred at the facility and their—\n(b) the unique identifying number—\n(i) of the right to interment certificate; and\n(ii) for the interment site, deceased person and cremated\nremains allocated under section 30 (Interment—\n(c) the date the cremated remains are interred.\n\n","sortOrder":61},{"sectionNumber":"63A","sectionType":"section","heading":"Register—cremation collections","content":"63A Register—cremation collections\nThe licensee of a crematorium must keep a register that includes the\nfollowing information in relation to cremated remains collected from\nthe crematorium:\n(a) the name and contact details of the person who collected the\ncremated remains;\n(b) the relationship of the person who collected the cremated\nremains to the deceased person;\n(c) whether all or some of the cremated remains of the deceased\nperson were collected;\n(d) the date the remains were collected.\n","sortOrder":62},{"sectionNumber":"64","sectionType":"section","heading":"Offences—keeping registers","content":"64 Offences—keeping registers\n(b) is required to keep a register under—\n(i) section 62 (Register—right to burial and right to\ninterment); or\n(ii) section 63 (Register—burial, cremation, interment etc); or\n(iii) section 63A (Register—cremation collections); and\n(c) does not keep the register.\n\n(b) keeps a register under—\n(i) section 62 (Register—right to burial and right to\ninterment); or\n(ii) section 63 (Register—burial, cremation, interment etc);\nand\n(c) does not keep the register—\n(i) in a secure electronic database; and\n(ii) in a way that can be searched by members of the public.\n(b) keeps a register under section 63A (Register—cremation\ncollections); and\n(c) does not keep the register in a secure electronic database.\n\nSubdivision 4.4.3 Licensee records\n","sortOrder":63},{"sectionNumber":"65","sectionType":"section","heading":"Facility records—burial, cremation, interment etc","content":"65 Facility records—burial, cremation, interment etc\n(1) The licensee of a cemetery must keep—\n(a) a copy of the information and documents provided for each—\n(i) application under section 8 (Right to burial); and\n(ii) application under section 17 (Burial at cemetery—\napplication); and\n(b) for the exhumation of human remains at the cemetery—a copy\nof the authorisation given under section 37 (Exhumation—\napplication).\n(2) The licensee of a crematorium must keep—\n(a) a copy of the information and documents provided for each\napplication under section 22 (Cremation—application); and\n(b) any documents provided by a person who collects cremated\nremains from the crematorium.\n(3) The licensee of a facility must keep a copy of the information and\ndocuments provided for an application under section 30 (Interment—\napplication).\n(4) The licensee of a facility must keep—\n(a) a copy of the information and documents provided for each\napplication under section 34 (Disinterment—application); and\n(b) a copy of an authorisation under section 35 (Disinterment—\napproval by regulator).\n\n","sortOrder":64},{"sectionNumber":"66","sectionType":"section","heading":"Offences—failing to keep records","content":"66 Offences—failing to keep records\n(b) is required to keep records under section 65; and\n(c) fails to keep the records.\n(b) keeps the records mentioned in section 65; and\n(c) fails to keep the records—\n(i) in a secure ICT database; or\n(ii) if a period is prescribed by regulation—for the period.\n","sortOrder":65},{"sectionNumber":"67","sectionType":"section","heading":"Offences—auditing records","content":"67 Offences—auditing records\n(b) fails to have the licensee receipts audited—\n(i) no later than 31 October after the end of each financial\nyear; and\n(ii) by a person who is a registered company auditor within the\nmeaning of the Corporations Act.\n\n(b) is required to have licensee receipts audited under\nsubsection (1); and\n(c) fails to give the auditor’s report and audited accounts to the\nregulator within 90 days after the end of the financial year to\nwhich the report relates.\n","sortOrder":66},{"sectionNumber":"68","sectionType":"section","heading":"Offence—transferring records","content":"68 Offence—transferring records\n(b) any of the following circumstances applies:\n(i) the regulator approves the closure of the facility under\nsection 54;\n(ii) the person is bankrupt or insolvent and does not transfer\ntheir licence to operate the facility under section 52;\n(iii) the person surrenders their licence to the regulator under\nsection 53; and\n(c) the person fails to transfer to the regulator the register and\nrecords mentioned division 4.4 (Licensee’s operating\nprocedures, register and records) within 30 days.\n\nDisciplinary action Division 5.1\n","sortOrder":67},{"sectionNumber":"69","sectionType":"section","heading":"Definitions—div 5.1","content":"69 Definitions—div 5.1\nIn this division:\ndisciplinary action, against a licensee, means any of the following\nactions in relation to the licence or licensee:\n(a) imposing, or amending, a condition on the licence;\n(b) suspending the licence for a fixed period or until a particular\nevent happens;\n(c) disqualifying the licensee from applying for another licence for\na fixed period or until a particular event happens;\n(d) cancelling the licence.\ndisciplinary conduct, of a licensee, means the following kinds of\nconduct:\n(a) the licensee has stopped operating the facility mentioned in the\nlicence;\n(b) the licensee used false or misleading information to obtain the\nlicence;\n(c) the licensee contravened a condition of the licence;\n(d) the licensee failed to comply with a provision of this Act.\n\n","sortOrder":68},{"sectionNumber":"70","sectionType":"section","heading":"Immediate suspension of licence—danger to public","content":"70 Immediate suspension of licence—danger to public\n(1) The regulator may suspend a licence to operate a facility immediately\nif the regulator believes on reasonable grounds that—\n(a) the licensee has engaged in disciplinary conduct; and\n(b) there is a danger to public health as a result of the conduct.\n(2) The regulator must tell the licensee, in writing, that the regulator is\nsuspending the licence starting immediately and the reasons for the\n(3) The suspension starts when the regulator tells the licensee about the\n(4) If the regulator takes other disciplinary action under section 71 in\nrelation to the disciplinary conduct, the suspension ends on the earlier\nof—\n(a) the day when the other disciplinary action starts; and\n(b) 30 days after the day the regulator tells the licensee of the\n(5) If the regulator does not take other disciplinary action under\nsection 71 in relation to the disciplinary conduct, the suspension ends\non the earlier of—\n(a) the day when the licensee is given written notice of the\nregulator’s decision not to take disciplinary action; and\n(b) 30 days after the day the immediate suspension notice is given\nto the licensee.\nNote A decision under this section is a reviewable decision (see s 125).\n\nDisciplinary action Division 5.1\n(6) During the suspension the licensee is—\n(a) taken not to have a licence to operate the facility; and\n(b) disqualified from applying for a licence to operate a facility.\n","sortOrder":69},{"sectionNumber":"71","sectionType":"section","heading":"Disciplinary action—no immediate danger to public","content":"71 Disciplinary action—no immediate danger to public\n(a) the regulator believes on reasonable grounds that a licensee is\nengaging in disciplinary conduct; and\n(b) the regulator proposes to take disciplinary action against the\nlicensee in relation to the conduct; and\n(c) the regulator believes on reasonable grounds that the conduct\ndoes not give rise to a danger to public health.\n(2) The regulator must give the licensee a written notice stating—\n(a) the disciplinary conduct; and\n(b) the proposed disciplinary action; and\n(c) the reasons the regulator considers the proposed disciplinary\naction is appropriate; and\n(d) that the licensee—\n(i) may give the regulator a written submission about the\nproposed disciplinary action; and\n(ii) must give the submission to the regulator within 14 days.\n(3) If the licensee gives the regulator a submission under subsection (2),\nthe regulator must consider the submission.\n\n(4) After considering the submission—\n(a) if the regulator is satisfied on reasonable grounds that it is not\nappropriate in all the circumstances to take the action, the\nregulator must tell the licensee, in writing, that the disciplinary\naction will not be taken; or\n(b) if the regulator is satisfied on reasonable grounds that it is\nappropriate in all the circumstances to take the disciplinary\naction, the regulator—\n(i) must take the action; and\n(ii) before the action is taken, tell the person, in writing, the\nday the action will be taken and the reasons the disciplinary\naction will be taken.\nNote For what must be included in a statement of reasons, see the\nLegislation Act, s 179.\n(5) Disciplinary action takes effect on the day mentioned in\nsubsection (4) (b) (ii).\n","sortOrder":70},{"sectionNumber":"72","sectionType":"section","heading":"Amended or suspended licence—action by regulator","content":"72 Amended or suspended licence—action by regulator\n(a) under this part—\n(i) a condition on a licence to operate a facility is imposed or\namended; or\n(ii) a licence to operate a facility is suspended; and\n(b) the licence is returned to the regulator.\n(2) If a condition on the licence is imposed or amended, the regulator\nmust—\n(a) return the amended licence to the licensee; or\n(b) give the licensee a replacement licence that includes the\namendment.\n\nDirections Division 5.2\n(3) If the licence is suspended, and the suspension ends before the end of\nthe term of the licence, the regulator must return the licence to the\nlicensee when the suspension ends.\n","sortOrder":71},{"sectionNumber":"Div 5","sectionType":"division","heading":"2 Directions","content":"Division 5.2 Directions\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Direction to stop contravening Act or condition","content":"73 Direction to stop contravening Act or condition\n(1) This section applies if the regulator believes on reasonable grounds\nthat a person is—\n(a) contravening this Act; or\n(b) contravening a condition on a licence to operate a facility.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The regulator may direct the person to comply with this Act, or the\ncondition by doing, or not doing, a thing.\n(3) The direction may require the person to carry out remedial action if\nthe regulator considers the action is necessary to restore land that is\ndamaged because of the person’s contravention.\n(4) The direction must be in writing and state—\n(a) the thing required to be done, or not done; and\n(b) the period for compliance with the direction.\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Offence—direction","content":"74 Offence—direction\n(a) the regulator gives the person a direction under section 73; and\n(b) the person fails to comply with the direction.\n\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Enforceable undertaking for offence","content":"75 Enforceable undertaking for offence\n(1) This section applies if the regulator believes on reasonable grounds\nthat a person has committed an offence under this Act.\n(2) The regulator may tell the person, in writing—\n(a) that the regulator believes the person has committed the alleged\noffence; and\n(b) the grounds for the regulator’s belief; and\n(c) the facts of the alleged offence; and\n(d) that the person may give an enforceable undertaking to the\nregulator in relation to the alleged offence; and\n(e) information about the effect of—\n(i) giving an enforceable undertaking, including the\nconsequences of contravening the undertaking; and\n(ii) not giving an enforceable undertaking; and\n(f) how the person may enter and withdraw from an enforceable\nundertaking; and\n(g) the assurances about the person’s future conduct that the\nregulator would be prepared to accept for an enforceable\nundertaking.\n(3) If the person wishes to give the enforceable undertaking, the person\nmust give the regulator a written proposal about the person’s future\nconduct as a result of the alleged offence (a proposed undertaking).\n(4) The proposed undertaking must—\n(a) acknowledge that the regulator believes that the person has\ncommitted an alleged offence; and\n\nEnforceable undertakings Division 5.3\n(b) contain a statement by the person—\n(i) to the effect that the person understands that the proposed\nundertaking becomes an enforceable undertaking if\naccepted by the regulator; and\n(ii) setting out assurances about the person’s future conduct for\nthe enforceable undertaking; and\n(iii) agreeing to be bound by the enforceable undertaking.\n(5) If the regulator accepts a proposed undertaking, the regulator must\ntell the person who gave the undertaking that the undertaking has\nbeen accepted and is an enforceable undertaking for this Act.\nExamples—enforceable undertaking\n1 to stop certain conduct\n2 to take particular action to compensate people adversely affected by an alleged\noffence committed against a stated provision of this Act\n3 to take particular action to rectify a state of affairs that arose as a direct or\nindirect result of the alleged offence\n4 to take particular action (including implementing particular systems) to\nprevent future offences against this Act\n5 to implement publicity or education programs\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Enforceable undertaking—withdrawal or amendment","content":"76 Enforceable undertaking—withdrawal or amendment\n(1) A person who gave an enforceable undertaking may withdraw from,\nor amend, the undertaking only with the regulator’s written\nagreement.\n(2) However, the undertaking may not be amended to provide for a\ndifferent alleged offence.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Ending enforceable undertaking","content":"77 Ending enforceable undertaking\n(1) The regulator may end an enforceable undertaking by written notice\nto the person who gave the undertaking only if satisfied on reasonable\ngrounds that the undertaking is no longer necessary or desirable to\nensure that the person complies with this Act.\n\n(2) The regulator may end an enforceable undertaking on the regulator’s\nown initiative or on the application of the person who gave the\nundertaking.\n(3) The undertaking ends when the person who gave the undertaking\nreceives the regulator’s notice.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Undertaking not admission of fault or liability","content":"78 Undertaking not admission of fault or liability\n(1) This section applies if a person gives the regulator a proposed\nundertaking in relation to an alleged offence, whether or not the\nundertaking is accepted by the regulator.\n(2) The proposed undertaking is neither—\n(a) an express or implied admission of fault or liability by the\nperson in relation to the alleged offence; or\n(b) relevant to deciding fault or liability in relation to the alleged\noffence.\n(3) A proposed undertaking and an enforceable undertaking are not\nadmissible in evidence in a court or tribunal in any proceeding for the\nalleged offence.\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Enforceable undertaking—contravention","content":"79 Enforceable undertaking—contravention\n(1) If the regulator believes on reasonable grounds that an enforceable\nundertaking has been contravened, the regulator may apply to the\nMagistrates Court for an order.\n(2) If the Magistrates Court is satisfied that the enforceable undertaking\nhas been contravened, the court may make 1 or more of the following\norders:\n(a) an order requiring the person who gave the undertaking to\nensure that the undertaking is not contravened;\n\nEnforceable undertakings Division 5.3\n(b) an order requiring the person who gave the undertaking to pay\nto the Territory the amount assessed by the court as the value of\nthe benefits anyone derived, directly or indirectly, from the\ncontravention of the undertaking;\n(c) an order requiring the person who gave the undertaking to\ncompensate someone who has suffered loss or damage because\nof the contravention of the undertaking;\n(d) any other order that the court considers appropriate.\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Enforceable undertaking—effect on other proceedings","content":"80 Enforceable undertaking—effect on other proceedings\nA proceeding may not be brought against a person for an alleged\noffence mentioned in an enforceable undertaking if—\n(a) the enforceable undertaking is in force in relation to the alleged\noffence; and\n(b) the person has not failed to comply with the enforceable\nundertaking in relation to the alleged offence.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Enforceable undertakings—register","content":"81 Enforceable undertakings—register\n(1) The regulator must keep a register of enforceable undertakings,\nincluding the following:\n(a) the name of the person who gave the undertaking;\n(b) particulars of the undertaking;\n(c) the date the undertaking takes effect;\n(2) The register may—\n(a) include any other information the regulator considers relevant;\nand\n(b) be kept in any form, including electronically, that the regulator\ndecides.\n\n(3) The regulator may—\n(a) correct a mistake, error or omission in the register; and\n(b) change a detail included in the register to keep the register\nup-to-date.\n\nDefinitions Division 6.1\n","sortOrder":81},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Definitions","content":"Division 6.1 Definitions\n","sortOrder":82},{"sectionNumber":"82","sectionType":"section","heading":"Definitions—pt 6","content":"82 Definitions—pt 6\nat premises includes in or on the premises.\nauthorised person means a person appointed as an authorised person\nunder section 83.\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes a person the authorised person\nreasonably believes is an occupier of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\npremises includes land.\nwarrant means a warrant issued under division 6.3.\n\n","sortOrder":83},{"sectionNumber":"83","sectionType":"section","heading":"Authorised person—appointment","content":"83 Authorised person—appointment\nThe regulator may appoint a public servant as an authorised person\nfor this Act.\n","sortOrder":84},{"sectionNumber":"84","sectionType":"section","heading":"Identity cards","content":"84 Identity cards\n(1) The regulator must give each authorised person an identity card\nstating their name and appointment as an authorised person and\nshowing—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(a) the person stops being an authorised person; and\n(b) the person fails to return their identity card to the regulator\nwithin 7 days of the day the person stops being an authorised\nperson.\n\n(3) Subsection (2) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by another person.\n","sortOrder":85},{"sectionNumber":"85","sectionType":"section","heading":"Authorised person must show identity card","content":"85 Authorised person must show identity card\n(1) If an authorised person exercises a power under this Act that affects\nan individual, the authorised person must first show their identity card\nto the individual.\n(2) If an authorised person exercises a power under this Act that affects\na person, other than an individual, the authorised person must first\nshow their identity card to an individual they believe on reasonable\ngrounds is an employee, officer or agent of the person.\nExamples—person other than an individual\n• the authority\n• corporation\n• partnership\n(3) An authorised person and any other person other than a police officer\nwho is accompanying the authorised person may not remain at\npremises if the authorised person fails to show the occupier their\nidentity card when asked by the occupier.\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Power to enter premises","content":"86 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any time, enter premises if the authorised person believes on\n(i) there is a risk to the environment or to public health; and\n(ii) the risk is so serious and urgent that immediate entry to the\npremises without the authority of a warrant is necessary; or\n(d) enter premises in accordance with a warrant.\n(2) However—\n(a) subsection (1) (a) does not authorise the entry into a part of the\npremises that is being used only for residential purposes; and\n(b) subsection (1) (c) does not authorise the entry into premises that\nare used for residential purposes, unless the premises are also a\n(3) An authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(4) To remove any doubt, an authorised person may enter premises\nwithout payment of an entry fee or other charge.\n(5) An authorised person may—\n(a) if entering the premises without a warrant—enter the premises\nwith necessary assistance; and\n(b) if entering the premises in accordance with a warrant—enter the\npremises with necessary assistance and force.\n(6) In this section:\nnecessary assistance includes the attendance of 1 or more people\nwho, in the opinion of the authorised person, have knowledge or skills\nthat could assist the authorised person carry out their function.\n\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Consent to entry","content":"87 Consent to entry\n(1) If an authorised person is seeking the consent of an occupier to enter\npremises under section 86, they must—\n(a) show the occupier their identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything seized under this part may be used in\nevidence in court; and\n(iv) that consent may be refused.\n(2) If the occupier consents to the entry, the authorised person must ask\nthe occupier to sign a written acknowledgment—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found and seized under this part may be used\nin evidence in court; and\n(iv) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs the written acknowledgment, the authorised\nperson must immediately give a copy to the occupier.\n\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) the written acknowledgment is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"General powers on entry to premises","content":"88 General powers on entry to premises\n(1) An authorised person who enters premises under this part may do 1 or\nmore of the following at the premises or anything at the premises:\n(a) examine anything;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) make sketches, drawings or any other kind of record (including\nphotographs, films, audio, video or other recordings);\n(e) require the occupier or any person at the premises to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Power to seize things","content":"89 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if seizure of\nthe thing is consistent with the purpose of the entry told to the\noccupier when seeking the occupier’s consent.\n\n(2) An authorised person who enters premises under a warrant may seize\nanything at the premises that they are authorised to seize under the\nwarrant.\n(3) An authorised person who enters premises under this part may seize\nanything at the premises if they believe on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure of the thing is necessary to prevent it from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Having seized a thing, the authorised person may—\n(a) remove the thing from the premises where it was seized; or\n(b) leave the thing at the premises but restrict access to it.\n(5) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (4) (b); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(6) An offence against this section is a strict liability offence.\n\n","sortOrder":90},{"sectionNumber":"90","sectionType":"section","heading":"Direction to give name and address","content":"90 Direction to give name and address\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person—\n(a) has committed, is committing or is about to commit, an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n(2) The authorised person may direct the person to give the authorised\nperson the following personal details:\n(a) the person’s full name;\n(b) the person’s home address.\n(3) If the authorised person believes on reasonable grounds that a\npersonal detail given by the person in response to the direction is false\nor misleading, the authorised person may direct the person to produce\nevidence immediately of the correctness of the detail.\n(4) If an authorised person gives a direction to a person, the authorised\nperson must—\n(a) tell the person that it is an offence if the person fails to comply\nwith the direction; and\n(b) give the direction in a language, or in a way of communicating,\nthat the authorised person believes on reasonable grounds the\nperson is likely to understand.\n\n","sortOrder":91},{"sectionNumber":"91","sectionType":"section","heading":"Offence—fail to comply with direction to give name and","content":"91 Offence—fail to comply with direction to give name and\naddress\n(a) an authorised person directs the person to give their full name\nand address under section 90; and\n(b) the authorised person produces the authorised person’s identity\ncard for inspection by the person; and\n(c) the authorised person warns the person that failure to comply\nwith the direction is an offence; and\n(d) the person did not give the authorised person their full name and\naddress.\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n","sortOrder":92},{"sectionNumber":"92","sectionType":"section","heading":"Warrants—generally","content":"92 Warrants—generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\nand search premises.\n(a) be sworn; and\n(b) state the grounds on which the warrant is sought.\n\n(3) The magistrate may refuse to consider the application until the\nauthorised person—\n(a) gives the magistrate all the information the magistrate requires\nfor the application; and\n(b) gives the information in the way the magistrate requires.\n(4) The magistrate may issue the warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n(5) The warrant must state—\n(a) that an authorised person may, with reasonable and necessary\nassistance and force, enter the premises and exercise the\nauthorised person’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, when\nthe warrant ends.\n\n","sortOrder":93},{"sectionNumber":"93","sectionType":"section","heading":"Warrants—application other than in person","content":"93 Warrants—application other than in person\n(1) An authorised person may apply for a warrant by phone, radio, email,\nfax, letter or other form of communication if the authorised person\nconsiders it necessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) If the magistrate issues the warrant, the magistrate must immediately\ngive a written copy to the authorised person if it is practicable to do\nso.\n(5) If it is not practicable to immediately give a written copy of the\nwarrant to the authorised person—\n(a) the magistrate must tell the authorised person—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the terms of the warrant.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—the\ncompleted warrant form.\n(8) On receiving the documents mentioned in subsection (7), the\nmagistrate must attach them to the warrant.\n(9) A court must find that a power exercised by an authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":94},{"sectionNumber":"94","sectionType":"section","heading":"Warrants—announcement before entry","content":"94 Warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nwarrant—\n(a) announce that the authorised person is authorised to enter the\npremises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nhimself or herself to the person.\n\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes on reasonable grounds that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":95},{"sectionNumber":"95","sectionType":"section","heading":"Details of warrant to be given to occupier etc","content":"95 Details of warrant to be given to occupier etc\nIf the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises when a warrant is\nbeing executed, the authorised person or a person assisting must make\navailable to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":96},{"sectionNumber":"96","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"96 Occupier entitled to be present during search etc\n(1) If the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises when a warrant is\nbeing executed, the person is entitled to observe the search being\nconducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":97},{"sectionNumber":"97","sectionType":"section","heading":"Receipt for things seized","content":"97 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an authorised person\nunder this part, the authorised person must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously\nat the place of seizure under section 89.\n(3) The receipt must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":98},{"sectionNumber":"98","sectionType":"section","heading":"Moving things to another place","content":"98 Moving things to another place\n(1) A thing found at premises entered under a warrant may be moved to\nanother place for examination or processing to decide whether it may\nbe seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is,\nor contains something, to which the warrant relates;\n(ii) it is significantly more practicable to examine or process\nthe thing at the other place having regard to the timeliness\nand cost of examining or processing the thing and the\navailability of expert assistance; or\n(b) the occupier of the premises agrees in writing.\n\n(2) The thing may be moved to the other place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place, and\ntime, the examination or processing will be carried out; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of warrants apply, with\nany necessary changes, to giving an extension under this section.\n","sortOrder":99},{"sectionNumber":"99","sectionType":"section","heading":"Access to things seized","content":"99 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect the thing; and\n(b) photograph the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n\n","sortOrder":100},{"sectionNumber":"100","sectionType":"section","heading":"Return of things seized","content":"100 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and either—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within 1 year after the day of the seizure; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within 1 year after the day of the seizure but the\ncourt does not find the offence proved; or\n(c) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nliability for the offence is disputed in accordance with the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under that section; or\n(ii) the Magistrates Court does not find the offence proved.\n\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the regulator\ndirects.\n","sortOrder":101},{"sectionNumber":"101","sectionType":"section","heading":"Damage etc to be minimised","content":"101 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person whom the authorised person\nbelieves on reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n","sortOrder":102},{"sectionNumber":"102","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"102 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised person; or\n(b) a person assisting an authorised person.\n\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":103},{"sectionNumber":"103","sectionType":"section","heading":"Authority perpetual care trust—establishment","content":"103 Authority perpetual care trust—establishment\n(1) A trust (the authority perpetual care trust) is established.\n(2) The authority perpetual care trust may be used only for the\nmaintenance of a closed facility.\n(3) The authority perpetual care trust is—\n(a) taken to be a charitable trust established for public trust\ncharitable purposes; and\n(b) not-for-profit.\n(4) A regulation may prescribe a kind of expenditure as expenditure that\nis, or is not, expenditure for the maintenance of a closed facility.\nclosed facility means a facility that was closed in accordance with a\ndeclaration made under section 116A (2).\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Licensee perpetual care trust—establishment","content":"104 Licensee perpetual care trust—establishment\n(1) A trust (the licensee perpetual care trust) is established.\n(2) The licensee perpetual care trust may be used only for the\nmaintenance of a closed facility.\n(3) The licensee perpetual care trust is—\n(a) taken to be a charitable trust established for public trust\ncharitable purposes; and\n(b) not-for-profit.\n(4) A regulation may prescribe a kind of expenditure as expenditure that\nis, or is not, expenditure for the maintenance of a closed facility.\n\nclosed facility means a facility that was closed in accordance with an\napproval given under section 54.\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Determination of trustee","content":"105 Determination of trustee\n(1) The Minister must determine that the trustee for a perpetual care trust\nis either—\n(a) the public trustee; or\n(b) the director-general.\n(2) Before making the determination, the Minister must consult the\nfollowing people:\n(a) for an authority perpetual care trust—the authority;\n(b) for a licensee perpetual care trust—the licensee.\n(3) A determination is a disallowable instrument.\n","sortOrder":106},{"sectionNumber":"106","sectionType":"section","heading":"Determination of perpetual care trust percentage","content":"106 Determination of perpetual care trust percentage\n(1) The Minister must, for a facility for which a perpetual care trust is\nestablished, determine the percentage (the perpetual care trust\npercentage) of each licensee receipt for the facility that is to be paid\ninto the perpetual care trust for the facility.\n(2) The perpetual care trust percentage must be the percentage the\nMinister considers necessary to ensure there are sufficient funds in\nthe perpetual care trust to adequately maintain the facility.\n(3) The Minister must, at least once every 5 years, review the perpetual\ncare trust percentage for the facility.\n(4) A determination under subsection (1) is a notifiable instrument.\n\n","sortOrder":107},{"sectionNumber":"107","sectionType":"section","heading":"Perpetual care trust percentage—requesting information","content":"107 Perpetual care trust percentage—requesting information\nand documents\n(1) The Minister may request that the licensee of a facility give the\nMinister information or documents that the Minister reasonably\nneeds—\n(a) to determine a perpetual care trust percentage for the facility; or\n(b) to review a perpetual care trust percentage.\n(2) The notice must—\n(a) be in writing; and\n(b) state the time within which the licensee must give the\ninformation or documents.\n(b) the Minister requests the information or documents; and\n(c) the person does not give the Minister the information or\ndocuments within the stated time.\n","sortOrder":108},{"sectionNumber":"108","sectionType":"section","heading":"Perpetual care trust—licensee receipt","content":"108 Perpetual care trust—licensee receipt\n(a) a perpetual care trust is established for a facility; and\n(b) the licensee of the facility receives a licensee receipt for the\n\n(2) The perpetual care trust percentage of the licensee receipt must be\npaid into—\n(a) if the licensee is the authority—the authority perpetual care trust\nfor the facilities; and\n(b) if the licensee is not the authority—the licensee perpetual care\ntrust for the facility.\n","sortOrder":109},{"sectionNumber":"109","sectionType":"section","heading":"Offence—failure to give perpetual care trust percentage","content":"109 Offence—failure to give perpetual care trust percentage\n(b) the person does not—\n(i) pay the perpetual care trust percentage of a licensee receipt\nfor the facility to the public trustee and guardian for the\nperpetual care trust fund; and\n(ii) pay the amount by no later than 31 October after the end of\neach financial year.\nMaximum penalty: 30 penalty units.\n","sortOrder":110},{"sectionNumber":"110","sectionType":"section","heading":"Offence—protection of perpetual care trust","content":"110 Offence—protection of perpetual care trust\n(b) a perpetual care trust is established for the facility; and\n(c) the person applies an amount in the perpetual care trust for a\npurpose other than a purpose for which the trust is established.\n\n(2) Without limiting subsection (1), an amount forming part of the\nperpetual care trust of the facility is not—\n(a) available for the payment of debts of the licensee; or\n(b) liable to be attached or taken in execution to satisfy a judgment\nagainst the licensee.\n","sortOrder":111},{"sectionNumber":"111","sectionType":"section","heading":"Perpetual care trust—records","content":"111 Perpetual care trust—records\n(1) The licensee of a facility must keep a record of the following about a\nperpetual care trust established for the facility:\n(a) the licensee receipts for the facility;\n(b) the amounts paid to the public trustee and guardian for the\nperpetual care trust fund;\n(c) for an amount withdrawn from the perpetual care trust fund—\n(i) the amount withdrawn; and\n(ii) the purpose for which the amount was applied; and\n(iii) a copy of the Minister’s approval to withdraw the amount.\n(b) does not make a record mentioned in subsection (1).\n(b) makes a record mentioned in subsection (1); and\n(c) does not keep the record—\n(i) for at least 7 years after the record is made; and\n(ii) at the facility; and\n\n(iii) in accordance with any requirements prescribed by\nregulation.\n","sortOrder":112},{"sectionNumber":"112","sectionType":"section","heading":"Perpetual care trust—dissolution","content":"112 Perpetual care trust—dissolution\n(1) This section applies if a perpetual care trust for a facility is dissolved.\n(2) The amount remaining after the payment of any debts and expenses\nfor the facility must be transferred to another perpetual care trust, or\nanother fund that—\n(a) is established for a charitable purpose; and\n(b) is endorsed as exempt from income tax under the Income Tax\nAssessment Act 1997 (Cwlth), subdivision 50-B (Endorsing\ncharitable entities as exempt from income tax).\n\nMaintenance of closed facilities Part 7A\n","sortOrder":113},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Maintenance of closed facilities","content":"Part 7A Maintenance of closed facilities\n","sortOrder":114},{"sectionNumber":"112A","sectionType":"section","heading":"Territory responsible for maintenance of closed facilities","content":"112A Territory responsible for maintenance of closed facilities\n(1) The Territory is responsible for maintaining each closed facility to an\nacceptable standard.\nExamples—maintenance\n• maintenance of the grounds of the facility\n• maintenance of mausoleums, vaults and graves in the facility\n• maintenance of walls, fences, paths, roads and drains of the facility\n(2) However, the Minister may authorise an entity to be responsible for\nmaintaining a closed facility on behalf of the Territory.\n(3) An authorisation is a notifiable instrument.\n(4) If the expenditure required for the maintenance of a closed facility\nexceeds the amount available in the perpetual care trust for the closed\nfacility, the Territory is responsible for the additional expenditure\nrequired for the maintenance of the closed facility.\nclosed facility means a facility that was closed in accordance with—\n(a) an approval given under section 54; or\n(b) a declaration made under section 116A (2).\n\n","sortOrder":115},{"sectionNumber":"Part 8","sectionType":"part","heading":"Cemeteries and crematoria","content":"Part 8 Cemeteries and crematoria\nauthority\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Establishment of authority","content":"113 Establishment of authority\nThe Cemeteries and Crematoria Authority is established.\nNote 1 If a law changes an entity’s name, the entity continues in existence under\nthe new name and its name is not affected by the change (see Legislation\nAct, s 183).\nNote 2 The governance of territory authorities, including the authority, is\nregulated by the Financial Management Act 1996, pt 9 as well as the Act\nthat establishes them.\nNote 3 The Financial Management Act 1996, pt 9 deals, for example, with the\ncorporate status of territory authorities, their powers, the make-up of\ngoverning boards, the responsibilities of the governing board and board\nmembers, how governing board positions can be ended, meetings of\ngoverning boards and conflicts of interest.\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Functions of authority","content":"114 Functions of authority\nThe functions of the authority are—\n(a) to develop, build or operate a facility approved by the Minister\nunder section 115; and\n(b) to recognise the rights of people to the dignified and respectful\ntreatment of their human remains and the human remains of their\nloved ones when operating the facility; and\n(c) to respect the diverse burial, cremation and interment practices,\ncultural practices and religious beliefs of people when operating\n(d) to operate the facility in a financially sustainable way; and\n(e) to promote financially sustainable practices for burying or\ncremating human remains or interring cremated remains at the\nfacility; and\n\nCemeteries and crematoria authority Part 8\n(f) to maintain the facility to an acceptable standard; and\n(g) any other function given to the authority under this Act or\nanother territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Approval to operate facility","content":"115 Approval to operate facility\n(1) The Minister may approve the authority to develop, build or operate\na facility.\n(2) An approval is a notifiable instrument.\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Authority taken to be licensee","content":"116 Authority taken to be licensee\n(1) If the Minister approves the authority to operate a facility under\nsection 115, the authority is taken to be the licensee of the facility.\n(2) However, the following provisions of this Act do not apply to the\nauthority:\n(a) section 46 (Offence—operating facility not in accordance with\nlicence);\n(b) division 4.2 (Licence to operate facility);\n(c) division 5.1 (Disciplinary action).\n","sortOrder":120},{"sectionNumber":"116A","sectionType":"section","heading":"Minister may make declaration closing authority operated","content":"116A Minister may make declaration closing authority operated\nfacility\n(1) This section applies to a facility operated by the authority.\n(2) The Minister may make a declaration closing the facility to further\napplications under any 1 or more of the following sections:\n(a) section 8 (Right to burial);\n\n(b) unless the deceased person has a right to burial at the time of the\napplication for burial—section 17 (Burial at cemetery—\n(c) section 9 (Right to interment);\n(d) unless the deceased person has a right to interment at the time of\napplication for interment—section 30 (Interment—application).\n(3) However, the Minister may make a declaration under subsection (2)\nonly if the Minister is satisfied that—\n(a) either—\n(i) the authority has fulfilled each right to burial or right to\ninterment at the facility; or\n(ii) the authority will be able to fulfil each right to burial or\nright to interment at the facility even if the facility is\nclosed; and\n(b) if a right to burial or right to interment has been given but not\nexercised at the facility and the authority will not be able to fulfil\nthe right—the authority has revoked the right under section 12\n(Right to burial or interment—notice about end of term and\nrevoking right); and\n(c) any other requirements prescribed by regulation in relation to\nthe application or closure has been met.\nNote The Territory is responsible for the maintenance of a facility after it is\nclosed (see s 112A).\n(4) A declaration under subsection (2) is a notifiable instrument.\n\nCemeteries and crematoria authority Part 8\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Establishment of governing board","content":"117 Establishment of governing board\nThe authority has a governing board.\nNote An appointment of a governing board member is an appointment under\nthis section (see Financial Management Act 1996, s 78 (7) (b)).\n","sortOrder":122},{"sectionNumber":"118","sectionType":"section","heading":"Governing board members","content":"118 Governing board members\n(1) The governing board has at least 6, and not more than 12, members.\nNote 1 The chair and deputy chair of the governing board must be appointed\nunder the Financial Management Act 1996, s 79.\nNote 2 The chief executive officer is a member of the governing board (see\nFinancial Management Act 1996, s 80 (4)).\n(2) The governing board must—\n(a) be sufficiently diverse to carry out its functions; and\n(b) include at least 2 members who, in the Minister’s opinion,\nrepresent the general community and religious denominations.\n","sortOrder":123},{"sectionNumber":"118A","sectionType":"section","heading":"Chief executive officer of authority","content":"118A Chief executive officer of authority\nThe chief executive officer of the authority must be a public servant.\nNote The chief executive officer is appointed by the director-general after\nconsulting the authority board and the Minister (see Financial\nManagement Act 1996, s 80 (3)).\n","sortOrder":124},{"sectionNumber":"118B","sectionType":"section","heading":"Authority’s staff","content":"118B Authority’s staff\n(1) The chief executive officer may employ staff for the authority on\nbehalf of the Territory.\n(2) The authority’s staff must be employed under the Public Sector\nManagement Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the authority\nin relation to the employment of staff (see that Act, s 152).\n\n","sortOrder":125},{"sectionNumber":"119","sectionType":"section","heading":"Ministerial directions to authority","content":"119 Ministerial directions to authority\n(1) The Minister may give written directions to the authority about the\nexercise of its functions.\n(2) Before giving a direction, the Minister must—\n(a) tell the authority, in writing, of the proposed direction; and\n(b) give the authority a reasonable opportunity to comment on the\nproposed direction; and\n(c) consider any comments made by the authority.\n(3) The Minister must present a copy of a direction given under this\nsection to the Legislative Assembly within 6 sitting days after it is\ngiven to the authority.\n(4) The authority must comply with the direction given to it by the\nMinister under this section.\n(5) For the Competition and Consumer Act 2010 (Cwlth), this Act\nauthorises—\n(a) the giving of a direction under this section; and\n(b) the doing of, or the failure to do, anything by the authority to\ncomply with a direction given to the authority by the Minster\nunder this section.\n\nRegulator Part 9\n","sortOrder":126},{"sectionNumber":"Part 9","sectionType":"part","heading":"Regulator","content":"Part 9 Regulator\n","sortOrder":127},{"sectionNumber":"120","sectionType":"section","heading":"Regulator—appointment","content":"120 Regulator—appointment\n(1) The director-general must appoint a public servant as the regulator.\n(2) However, the director-general may appoint a person as the regulator\nonly if satisfied the person has suitable qualifications and experience\nto exercise the functions of regulator.\n(3) An appointment is a notifiable instrument.\n","sortOrder":128},{"sectionNumber":"121","sectionType":"section","heading":"Regulator—functions","content":"121 Regulator—functions\n(1) The regulator’s functions are—\n(a) to administer this Act; and\n(b) any other function given to the regulator by this Act or another\nterritory law.\n(2) In the exercise of the regulator’s functions, the regulator must have\nregard to the objects stated in section 6 (Object of Act).\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n","sortOrder":129},{"sectionNumber":"122","sectionType":"section","heading":"Delegation","content":"122 Delegation\nThe regulator may delegate the regulator’s functions under this Act\nor another territory law to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n\n","sortOrder":130},{"sectionNumber":"123","sectionType":"section","heading":"Code of practice—approval","content":"123 Code of practice—approval\n(1) The Minister may approve a code of practice in relation to—\n(a) a facility; or\n(b) the transportation of human remains; or\n(c) the burial, cremation or exhumation of human remains; or\n(d) the interment or disinterment of cremated remains; or\n(e) the memorialisation of a deceased person.\n(2) A code of practice may apply, adopt or incorporate an instrument, as\nin force from time to time.\nNote The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or at a particular time, is taken to be\na notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\n(3) A code of practice is a disallowable instrument.\n","sortOrder":131},{"sectionNumber":"124","sectionType":"section","heading":"Failure to comply with code of practice","content":"124 Failure to comply with code of practice\n(a) a code of practice applies to the person; and\n(b) the person engages in conduct; and\n(c) the conduct results in a failure to comply with a requirement of\nthe code of practice; and\n(d) the person is reckless about whether the conduct complies with\nthe code of practice.\n\nCodes of practice Part 10\n(a) a code of practice applies to the person; and\n(b) the person fails to comply with a requirement of the code of\npractice.\n(3) Subsections (1) and (2) do not apply if—\n(a) a direction has been given to the person under division 5.2\n(Directions) about the requirement; and\n(b) the person has complied with the direction.\n(4) An offence against subsection (2) is a strict liability offence.\n\nPart 11 Notification and review of decisions\nPart 11 Notification and review of\ndecisions\n125 Definitions—pt 11\ndecision-maker, for a reviewable decision, means the decision-maker\nmentioned in schedule 1, column 5 for the decision.\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":132},{"sectionNumber":"126","sectionType":"section","heading":"Reviewable decision notices","content":"126 Reviewable decision notices\nIf the decision-maker makes a reviewable decision, the\ndecision-maker must give a reviewable decision notice to each person\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":133},{"sectionNumber":"127","sectionType":"section","heading":"Applications for review","content":"127 Applications for review\nThe following people may apply to the ACAT for a review of a\nreviewable decision:\n(a) a person mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 12\n","sortOrder":134},{"sectionNumber":"128","sectionType":"section","heading":"Determination of fees","content":"128 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n(3) The Legislation Act, section 254A (Delegation by Minister) does not\napply to a function under this section.\n","sortOrder":135},{"sectionNumber":"129","sectionType":"section","heading":"Protection from liability","content":"129 Protection from liability\n(1) An official is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any civil liability that would, apart from this section, attach to the\nofficial attaches instead to the Territory.\nconduct means an act or omission to do an act.\nofficial means—\n(a) the regulator; or\n(b) an authorised officer; or\n(c) anyone else exercising a function under this Act.\n\n","sortOrder":136},{"sectionNumber":"130","sectionType":"section","heading":"Regulation-making power","content":"130 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) the protection of facilities;\n(b) a licence for a facility;\n(c) requirements for—\n(i) transporting human remains; and\n(ii) burying, cremating or exhuming human remains; and\n(iii) interring or disinterring cremated remains; and\n(iv) the memorialisation of deceased people at facilities;\n(d) certificates by doctors required for burials and cremations.\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\nTransitional—Cemeteries and Crematoria Amendment Act 2024 Part 21\n","sortOrder":137},{"sectionNumber":"Part 21","sectionType":"part","heading":"Transitional—Cemeteries and","content":"Part 21 Transitional—Cemeteries and\nCrematoria Amendment Act 2024\n","sortOrder":138},{"sectionNumber":"215","sectionType":"section","heading":"Continuation of perpetual care trusts","content":"215 Continuation of perpetual care trusts\n(1) The authority perpetual care trust, established under section 103 as in\nforce immediately before the commencement day, is taken to be the\nauthority perpetual care trust established under section 103 on the\ncommencement day.\n(2) The licensee perpetual care trust, established under section 104 as in\nforce immediately before the commencement day, is taken to be the\nlicensee perpetual care trust established under section 104 on the\ncommencement day.\ncommencement day means the day the Cemeteries and Crematoria\nAmendment Act 2024, section 3 commences.\n","sortOrder":139},{"sectionNumber":"216","sectionType":"section","heading":"Expiry—pt 21","content":"216 Expiry—pt 21\nThis part expires 5 years after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n","sortOrder":140},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 11)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nperson\ncolumn 5\ndecision-maker\n1 15 (3) (b) refusal to permit burial other\nthan at cemetery\n2 23 (3) (b) refusal to cremate 2 or more\npeople at the same time\n3 35 (4) (b) refusal of application for\ndisinterment\nlicensee of facility regulator\n4 37 (3) (b) refusal of application for\nexhumation\nperson who applied chief health\nofficer\n5 40 (4) (b) refusal to bury or cremate\nwithout certification\ndocument\n6 49 (3) (b) refusal to give licence person who applied regulator\n7 51 (3) (b) refusal to amend licence licensee regulator\n8 52 (3) (b) refusal to transfer licence licensee regulator\n9 54 (4) (b) refusal of application to\nclose facility\nlicensee regulator\n10 70 immediate suspension of\nlicence—danger to public\nlicensee regulator\n11 71 disciplinary action licensee regulator\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• chief health officer\n• Corporations Act\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• may (see s 146)\n• must (see s 146)\n• notifiable instrument (see s 10)\n• the Territory.\nacceptable container means—\n(a) a coffin; or\n(b) an eco-coffin; or\n(c) a container approved under section 39.\nacceptable wrapping means—\n(a) a shroud; or\n(b) a wrapping approved under section 39.\nat premises, for part 6 (Enforcement)—see section 82.\nauthorised person, for part 6 (Enforcement)—see section 82.\nauthority means the Cemeteries and Crematoria Authority\nestablished under section 113.\nauthority perpetual care trust—see section 103 (1).\n\nburial area, of a cemetery, means an area of the cemetery allocated\nfor the burial of the human remains of deceased people of a particular\ndenomination, cultural group or other special category.\nburial site, of a cemetery, includes a crypt, family memorial, lawn\nburial, mausoleum and natural burial site at the cemetery.\ncemetery means a place—\n(a) where human remains are buried, cremated remains are interred\nand deceased people are memorialised; and\n(b) operated by the authority.\ncertification document, for the human remains of a deceased person,\nfor part 3 (Burial, cremation, interment or exhumation)—see\nsection 13.\nchief executive officer means the chief executive officer of the\nauthority.\ncode of practice means a code of practice approved by the Minister\nunder section 123.\nconnected, for part 6 (Enforcement)—see section 82.\ncontact details, for a person, includes the person’s home address,\npostal address (if different from the home address), email address and\ntelephone number.\ncremated remains means human remains that have been cremated.\ncremation includes alkaline hydrolysis and other non-fire based\nmethods for breaking down human remains.\ncrematorium means a place—\n(a) where human remains are cremated, cremated remains are\ninterred and deceased people are memorialised; and\n(b) operated by a licensee.\n\ndeath certificate, for part 2 (Right to burial or interment)—see\nsection 7.\ndecision maker, for a reviewable decision, for part 11 (Notification\nand review of decisions)—see section 125.\ndisciplinary action, against a licensee, for division 5.1 (Disciplinary\naction)—see section 69.\ndisciplinary conduct, of a licensee, for division 5.1 (Disciplinary\naction)—see section 69.\nfacility means—\n(a) a cemetery; or\n(b) a crematorium.\nfacility plan means a plan of a facility that—\n(a) shows the burial areas and interment areas of the facility; and\n(b) shows each burial site and interment site at the facility and\nidentifies—\n(i) the kind of burial or interment site it is; and\n(ii) the unique identifying number for the site; and\n(c) is published on the facility’s website.\nfamily member—see the Civil Law (Wrongs) Act 2002, section 32.\nfetal remains means the body, or part of the body, of a dead fetus that\nis not a stillborn child.\nhuman remains includes a stillborn child and fetal remains.\ninterment area, of a facility, means an area of the facility allocated\nfor the interment of the cremated remains of a deceased person of a\nparticular denomination, cultural group or other special category.\n\ninterment site includes a site in a wall or garden.\nlicence, to operate a facility, means the following:\n(a) a licence mentioned in section 49;\n(b) an amended licence mentioned in section 51;\n(c) a transferred licence mentioned in section 52.\nlicensee means—\n(a) a person who has a licence to operate a facility; or\n(b) the authority.\nlicensee perpetual care trust—see section 104 (1).\nlicensee receipt, for a facility, means an amount received by the\nlicensee of the facility for—\n(a) giving a right of burial or right of interment at the facility; or\n(b) the burial or cremation of human remains at the facility; or\n(c) the interment of cremated remains at the facility; or\n(d) the memorialisation of a deceased person at the facility.\nmedical referee means a person appointed under section 41.\noccupier, of premises, for part 6 (Enforcement)—see section 82.\noffence, for part 6 (Enforcement)—see section 82.\nperpetual care trust means—\n(a) an authority perpetual care trust; or\n(b) a licensee perpetual care trust.\nperpetual care trust percentage—see section 106 (1).\npremises, for part 6 (Enforcement)—see section 82.\nprivate crematorium means a crematorium operated by a person\nother than the authority.\n\npublic crematorium means a crematorium operated by the authority.\nregulator means the public servant appointed under section 120.\nreviewable decision, for part 11 (Notification and review of\ndecisions)—see section 125.\nright to burial means a right to bury human remains at a cemetery—\n(a) given to a person under section 8; or\n(b) transferred to a person under section 10.\nright to burial certificate—see section 8 (6).\nright to interment means a right to inter cremated remains at a\n(a) given to a person under section 9; or\n(b) transferred to a person under section 10.\nright to interment certificate—see section 9 (6).\nstandard cemetery operating procedures—see section 59.\nstandard crematorium operating procedures—see section 60.\nstandard facility operating procedures—see section 61.\nstillborn child—see the Births, Deaths and Marriages Registration\nAct 1997, dictionary.\nsuitable person, for division 4.2 (Licence to operate facility)—see\nsection 48.\nwarrant, for part 6 (Enforcement)—see section 82.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":141},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nCemeteries and Crematoria Act 2020 A2020-7\nnotified LR 28 February 2020\ns 1, s 2 commenced 28 February 2020 (LA s 75 (1))\nremainder commenced 23 August 2020 (s 2 and CN2020-15)\nas amended by\nTransport Canberra and City Services Legislation Amendment\nAct 2023 A2023-27 pt 2\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\npt 2 commenced 14 July 2023 (s 2)\nCemeteries and Crematoria Amendment Act 2024 A2024-14\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nremainder commenced 20 April 2024 (s 2)\nBetter Regulation Legislation Amendment Act 2025 A2025-13 pt 5\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\npt 5 commenced 9 June 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.24\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.24 commenced 6 December 2025 (s 2 (5))\n\nCommencement\ns 2 om LA s 89 (4)\nBurial at cemetery—application\ns 17 am A2023-27 s 4, s 5\nCremation—application\ns 22 am A2023-27 s 6, s 7\nOffence—collection of cremated remains\ns 25 am A2023-27 s 8\nApproved container or wrapping—application\ns 39 am A2025-29 amdt 4.24\nRequirements for transportation, burial or cremation in coffin etc\ns 43 am A2025-29 amdt 4.24\nClosing facility—application\ns 54 am A2024-14 s 4, s 5\nRegister—burial, cremation, interment etc\ns 63 am A2023-27 s 9\nRegister—cremation collections\ns 63A ins A2023-27 s 10\nOffences—keeping registers\ns 64 am A2023-27 ss 11-13; ss renum R2 LA\nAuthority perpetual care trust—establishment\ns 103 sub A2024-14 s 6\nLicensee perpetual care trust—establishment\ns 104 sub A2024-14 s 6\nDetermination of trustee\ns 105 am A2025-29 amdt 4.24\nDetermination of perpetual care trust percentage\ns 106 am A2025-29 amdt 4.24\nMaintenance of closed facilities\npt 7A hdg ins A2024-14 s 7\nTerritory responsible for maintenance of closed facilities\ns 112A ins A2024-14 s 7\nApproval to operate facility\ns 115 am A2025-29 amdt 4.24\nMinister may make declaration closing authority operated facility\ns 116A ins A2024-14 s 8\n\nAmendment history 4\nChief executive officer of authority\ns 118A ins A2023-27 s 14\nAuthority’s staff\ns 118B ins A2023-27 s 14\nRegulator—appointment\ns 120 am A2025-29 amdt 4.24\nCode of practice—approval\ns 123 am A2025-29 amdt 4.24\nReviewable decision notices\ns 126 am A2025-29 amdt 4.24\nDetermination of fees\ns 128 am A2025-29 amdt 4.24\nRegulation-making power\ns 130 am A2025-29 amdt 4.24\nRepeals\npt 13 hdg om LA s 89 (3)\nLegislation repealed\ns 131 om LA s 89 (3)\nTransitional\npt 20 hdg exp 23 August 2025 (s 214)\nDefinitions—pt 20\ns 200 exp 23 August 2025 (s 214)\nRight of burial or interment under repealed Act\ns 201 exp 23 August 2025 (s 214)\nApplication for burial at cemetery under repealed Act\ns 202 exp 23 August 2025 (s 214)\nApplication for burial other than at cemetery under repealed Act\ns 203 exp 23 August 2025 (s 214)\nApplication for cremation under repealed Act\ns 204 exp 23 August 2025 (s 214)\nBurial or cremation without certification document under repealed regulation\ns 205 exp 23 August 2025 (s 214)\nDisposal of cremated remains under repealed regulation\ns 206 exp 23 August 2025 (s 214)\nApplication for exhumation under repealed Act\ns 207 exp 23 August 2025 (s 214)\n\nPerpetual care trust under repealed Act\ns 208 exp 23 August 2025 (s 214)\nAccounts and records for perpetual care trusts under repealed Act\ns 209 exp 23 August 2025 (s 214)\nRegister required to be kept under repealed regulation\ns 210 exp 23 August 2025 (s 214)\nApplication records kept under repealed regulation\ns 211 exp 23 August 2025 (s 214)\nRevoking right of burial or interment under repealed code of practice\ns 212 exp 23 August 2025 (s 214)\nTransitional regulations\ns 213 exp 23 August 2025 (s 214)\nExpiry—pt 20\ns 214 exp 23 August 2025 (s 214)\nTransitional—Cemeteries and Crematoria Amendment Act 2024\npt 21 hdg ins A2024-14 s 9\nContinuation of perpetual care trusts\ns 215 ins A2024-14 s 9\nExpiry—pt 21\ns 216 ins A2024-14 s 9\ndict def chief executive officer ins A2023-27 s 15\ndef licensee receipt am A2025-13 s 10\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n23 Aug 2020\n23 Aug 2020–\nnot amended new Act\n14 July 2023–\nA2023-27 amendments by\nA2023-27\n20 Apr 2024\n20 Apr 2024–\nA2024-14 amendments by\nA2024-14\n9 June 2025–\n23 Aug 2025\nA2025-13 amendments by\nA2025-13\n24 Aug 2025\n24 Aug 2025–\n5 Dec 2025\nA2025-13 expiry of\ntransitional\nprovisions (pt 20)\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":142}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":659},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original scope as a comprehensive regulatory framework for cemeteries and crematoria. The 2024 amendments added perpetual care trust provisions and clarified maintenance responsibilities for closed facilities, but these reinforce rather than expand beyond the original financial sustainability objective."},"complexity_factors":["Multiple overlapping approval pathways (regulator, chief health officer, Minister, magistrate) for different activities","Extensive cross-referencing to other ACT laws (Criminal Code, Legislation Act, Coroners Act, Public Health Act, etc.)","Detailed procedural requirements for applications, transfers, and revocations of burial/interment rights","Strict liability offences mixed with fault-based offences requiring different mental states","Perpetual care trust financial mechanisms with percentage calculations and audit requirements","Dual licensing system: private licensees and the public Authority with different rules applying to each","60-year sunset clause on unexercised rights with complex notice and revocation procedures","Multiple registers and record-keeping obligations with specific technical requirements (secure electronic databases, searchable by public, 7-year retention)","Enforceable undertakings scheme as alternative to prosecution with court enforcement mechanisms","Part 6 enforcement powers include warrant procedures, seizure, and compensation provisions"],"plain_english_summary":"This ACT law governs how cemeteries and crematoria operate, ensuring dignified treatment of human remains while keeping facilities financially sustainable.\n\n**What it does:**\n- **Establishes rights to burial and interment**: People can buy a \"right to burial\" (for a body) or \"right to interment\" (for cremated remains) at a cemetery or facility. These rights last 60 years if unused, and can be transferred to others.\n- **Regulates burials and cremations**: Sets rules for transporting, burying, and cremating human remains. Requires death certificates or other documentation. Bans burying or cremating remains to conceal crimes. Protects religious and cultural practices during ceremonies.\n- **Licenses operators**: Anyone operating a cemetery or crematorium needs a licence from the regulator. The licence can be suspended or cancelled for misconduct or public health risks.\n- **Creates a public authority**: The Cemeteries and Crematoria Authority can build and operate public facilities, with a governing board including community and religious representatives.\n- **Funds long-term maintenance**: Requires \"perpetual care trusts\" — money set aside to maintain cemeteries even after they close to new burials. The Territory takes over maintenance if trust funds run low.\n- **Enforces standards**: Authorised officers can inspect facilities, seize evidence, and issue directions. Search warrants available for investigations.\n\n**Who it affects:**\n- Families arranging funerals and burials\n- Cemetery and crematorium operators\n- Funeral directors and undertakers\n- The Cemeteries and Crematoria Authority\n\n**Why it matters:**\nThe law balances respect for diverse cultural and religious funeral practices with practical needs — ensuring graves are maintained forever, preventing cemeteries from becoming financial burdens, and protecting public health through proper handling of human remains."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act, as republished, extends a basic cemeteries/crematoria regulatory framework into a broader institutional and financial regime. Key scope changes in the current text include: establishment of a Cemeteries and Crematoria Authority with specific operational and governance roles (pt 8, ss 113–119); creation and prescription of authority and licensee perpetual care trusts and Ministerial power to determine a perpetual care trust percentage of licensee receipts (pt 7, ss 103–109, 106); a Territory responsibility for maintenance of closed facilities and a power for the Minister to authorise other entities to maintain closed facilities (pt 7A, s 112A); expanded licensee obligations for searchable public registers, secure record-keeping and audits (pt 4, ss 62–68); and strengthened regulator and Minister powers (codes of practice, directions, enforceable undertakings, fee determinations) (pts 5, 10, 12, ss 73–81, 123–124, 128). These additions broaden the Act from operational rules about burial and cremation to a system that integrates financial provisioning, public authority operation, and Territory maintenance responsibilities."},"complexity_factors":["Large number of interlocking parts (rights, operational rules, licensing, enforcement, trusts, authority) across 12+ Parts and schedules","Detailed procedural requirements for applications, transfers, revocations and records (many sections in pt 2 and pt 4)","Multiple decision-makers with discretion: regulator, Minister, chief health officer, magistrate, Authority (ss 15, 23, 24, 49, 70, 106, 119, 120, 113)","Significant compliance and reporting obligations (searchable registers, secure electronic records, annual audited receipts) (ss 62–68)","Mixture of strict liability and other offences with varied penalties (multiple sections in pts 3–6)","Financial regime creation (perpetual care trusts, Minister‑set percentage, fee determinations) requiring ongoing fiscal review and adjustments (ss 103–111, 106, 128)","Robust enforcement architecture including entry, seizure, warrants, and compensation rules (pt 6, ss 83–102)","Interaction points with other laws (Coroners Act, Public Health Act, Legislation Act, Competition and Consumer Act) adding cross‑instrument dependencies (e.g. ss 13, 24, 119(5))","Transitional and amendment history with multiple recent changes expanding scope (endnotes and amendment history)"],"plain_english_summary":"This Act creates a comprehensive regulatory framework for cemeteries, crematoria and related services in the Territory, setting rights, certification and timeframes for burials/cremations, licensing and operating standards for facility operators, enforcement powers for a regulator, and perpetual care trusts to fund long‑term maintenance. It affects families and funeral providers (procedures, fees, certifications), licensed operators (licences, audits, trust contributions) and medical certifiers — and matters because it couples dignified treatment with durable funding and significant compliance costs."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/cemeteries-and-crematoria-act-2020","history":"/api/acts/cemeteries-and-crematoria-act-2020/history","analysis":"/api/acts/cemeteries-and-crematoria-act-2020/analysis","conflicts":"/api/acts/cemeteries-and-crematoria-act-2020/conflicts","importantCases":"/api/acts/cemeteries-and-crematoria-act-2020/important-cases","documents":"/api/acts/cemeteries-and-crematoria-act-2020/documents"}}