(1) In this Act, unless the contrary intention appears –
Aboriginal cremation means the cremation of an Aboriginal person, within the meaning of the Aboriginal Lands Act 1995 , that is performed in accordance with Aboriginal custom on Aboriginal land;
approved form means a form approved by the regulator;
authorised officer includes –
(a) a regulator; and
(b) a State Service employee who is authorised in writing by the regulator, or the Director of Public Health, as an authorised officer for the purposes of this Act; and
(c) an officer or employee of a council who is authorised, in writing by the council, as an authorised officer for the purposes of this Act; and
(d) a police officer; and
(e) a person, or class of persons, prescribed as an authorised officer;
cremated remains means the remains that are the result of the cremation of human remains;
cremation means the reduction of human remains –
(a) to ash by a process involving the application of heat or flame, or by any other means approved by the Minister having the administration of the Public Health Act 1997 ; or
(b) by a prescribed means;
crematorium means premises that have been approved, under the Land Use Planning and Approvals Act 1993 , for the purpose of cremations and includes any other premises that, immediately before the commencement of this definition, were approved for that purpose under the Burial and Cremation Act 2002 ;
crematorium manager, in relation to a crematorium, means the person approved under this Act to manage the crematorium;
Director of Local Government means the Director within the meaning of the Local Government Act 1993 ;
Director of Public Health means the person appointed as the Director of Public Health under the Public Health Act 1997 ;
exclusive right of burial means an exclusive right of burial referred to in section 41 ;
exhumation means the removal of human remains from where the remains are interred but does not include the reopening of a place where human remains are interred if the human remains are not removed from that place;
fit and proper, in relation to a person – see section 5 ;
human remains means –
(a) the body of a deceased person and includes a part of a body of a deceased person; or
(b) a detached part of a person who is not deceased –
but does not include cremated remains;
interment includes –
(a) the burial of human remains, or cremated remains, in the ground; and
(b) the placement of human remains, or cremated remains, as mentioned in section 8(2) ; and
(c) the placement of human remains, or cremated remains, as prescribed;
mausoleum means a structure –
(a) that is designed to hold one or more vaults for the interment of human remains that have not been cremated; and
(b) in which at least one vault (excluding a memorial attached to the vault) is wholly above the surface of the ground or protrudes at least 150 millimetres above the surface of the ground;
monument includes a tombstone, plaque, tablet, cenotaph, columbarium and any other structure or object –
(a) that is located in a cemetery and –
(i) is intended to commemorate a deceased person; or
(ii) contains human remains or cremated remains; or
(b) that –
(i) is located in a place that is, or has previously been, open for public access; and
(ii) contains human remains, or cremated remains;
offer for sale includes display, or expose, for sale;
plot includes a place in a mausoleum that is set aside for the placement of human remains;
regulated business means a business for –
(a) the handling, storage or transport of human remains; or
(b) the preparation of human remains for interment or cremation –
but does not include such a business that is carried on –
(a) in relation to a cemetery manager, the cemetery that the cemetery manager is approved to manage; or
(b) in relation to a crematorium manager, the crematorium that the crematorium manager is approved to manage; or
(c) in relation to a person approved to carry on a regulated business, the regulated business;
religious or cultural practice means a rite or practice pertaining to religious or cultural ceremonies relating to the mourning process, including interment and cremation of human remains, or a similar ceremony approved by the Director of Public Health;
sell includes any of the following, whether by wholesale or retail:
(a) barter or exchange;
(b) deal in or agree to sell;
(c) offer for sale;
(d) supply for, in expectation of receiving, payment or consideration;
(e) receive for sale;
(f) dispose of by way of raffle, lottery or other game of chance;
(g) offer as a gift, other than to offer as a gift to a religious or cultural group in accordance with this Act;