35Religious and cultural ceremonies and original distributions

35 Religious and cultural ceremonies and original distributions

(1)  A cemetery manager must not, by any act, matter or thing, hinder or disturb the performance of any religious or cultural ceremony relating to the interment of human remains or cremated remains.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A cemetery manager must permit a representative of any religious or cultural group to exercise any religious or cultural practices relating to the interment of human remains, or cremated remains, without any hindrance or disturbance by the cemetery manager or any other person.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A cemetery manager must not, by any act, matter or thing, hinder or disturb the original division or allocation of the cemetery made in accordance with any trust to which the cemetery is subject, unless the trust is varied in accordance with the Variation of Trusts Act 1994 .

Penalty:  Fine not exceeding 20 penalty units.

(4)  It is a defence in proceedings for an offence under subsection (1) or (2) if the cemetery manager establishes that the cemetery manager did not permit the performance of the religious or cultural ceremony, or the exercise of the religious or cultural practices, as to do so would mean that the cemetery would not be in compliance with this or any other Act.