116Application for interment authorisation

116 Application for interment authorisation

(1) A person who wishes bodily remains to be interred in a public cemetery may apply to the cemetery trust responsible for that public cemetery for an interment authorisation.

(2) An application for an interment authorisation must be in the prescribed form.

(3) An application for an interment authorisation must be accompanied by one of the following—

(a) a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996; or

S. 116(3)(b) substituted by No. 77/2008 s. 129(Sch. 2 item 4.1).

(b) a copy of an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person; or

(c) if the deceased died in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice under section 37(2) of the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the deceased died; or

S. 116(3)(ca) inserted by No. 16/2021 s. 15.

(ca) if the deceased died in another State or Territory of the Commonwealth or overseas, a document corresponding to an order made by a coroner under section 47 of the Coroners Act 2008 releasing the body of the deceased to a specified person from the jurisdiction where the deceased died;

(d) if the interment authorisation is for a still-born child—

(ii) if the still-birth occurred in another State or Territory of the Commonwealth or overseas, a document corresponding to a notice of still-birth under the Births, Deaths and Marriages Registration Act 1996 from the jurisdiction where the still-birth occurred; or

(e) a statutory declaration made by the person arranging the interment stating that, owing to special circumstances, it is not possible to produce the required documents referred to in paragraphs (a), (c) or (d) (as the case requires).

(4) If a cemetery trust grants an interment authorisation where the application for the interment authorisation was accompanied by a statutory declaration referred to in subsection (3)(e), the cemetery trust must notify the Secretary in writing of that fact.

(5) If an application for an interment authorisation relates to a place of interment for which a right of interment exists, the cemetery trust may require the applicant to produce evidence to the satisfaction of the trust that the holder of the right of interment has consented to the application.