145Officers may prohibit burial or disposal of human remains

145 Officers may prohibit burial or disposal of human remains (1) Any of the following officers may, by written notice, prohibit the burial or disposal of human remains if that officer believes on reasonable grounds that the burial or disposal will not comply with this Act or another Act: (a) the Coroner; (b) the Director of Public Prosecutions; (c) the Solicitor for the Northern Territory; (d) the CEO; (e) a police officer; (f) an inspector; (g) if each person mentioned in paragraph (a) to (f) is not available to prohibit the burial or disposal – a justice of the peace.

Burial and Cremation Act 2022 81 (2) A notice under subsection (1) may be: (a) absolute; or (b) subject to any conditions stated in the notice. (3) In addition to prohibiting human remains from being buried or disposed of, an officer may order that the human remains: (a) be moved to a specified place; or (b) be placed into the custody of a specified person. (4) A notice under subsection (1): (a) must be given to the following: (i) the executor or administrator of the estate of the (ii) the senior next of kin for the deceased person; (iii) if the burial or disposal is in a cemetery or facility – the responsible entity for the cemetery or facility or the manager of the cemetery or facility; and (b) must specify the following information: (i) the human remains to which the prohibition applies; (ii) the grounds for the prohibition; (iii) the period of the prohibition; (iv) any order given under subsection (3); (v) any conditions placed on the prohibition or other relevant information; and (c) must state that a person given notice under paragraph (a) may apply to NTCAT for a review of the prohibition. Note for subsection (4)(c) (5) A notice under subsection (1) may be withdrawn, in writing, by the officer who prohibited the burial or disposal in the notice.

Burial and Cremation Act 2022 82