72What happens if a right of interment is cancelled under this Division?

72 What happens if a right of interment is cancelled under this Division?

(1) If an unexercised right of interment is cancelled under this Division, the previous holder of that right of interment may request that the cemetery trust—

(a) pay to the holder a refund based on the current cemetery trust fee payable for the same type of right of interment, less the relevant cemetery trust fee for administration; or

(b) grant a right of interment to an alternative place of interment in a public cemetery for which the cemetery trust is responsible instead of paying the refund.

(2) Subject to subsection (3), on receiving a request under this section, a cemetery trust must comply with the request.

(3) If a request is made under subsection (1)(b) and the cemetery trust is not responsible for another public cemetery, the Secretary may direct another cemetery trust to provide a new right of interment in a public cemetery for which that cemetery trust is responsible to the previous holder free of charge or at a reduced fee.

(4) A request under this section must be made in writing.

Part 6—Rights of interment in a public cemetery

Division 1—Rights of interment generally

73 Cemetery trust may grant right of interment

(1) A cemetery trust may grant to any person a right of interment in a public cemetery for which it is responsible for payment of the relevant cemetery trust fee.

(2) A right of interment may be granted subject to any conditions that the cemetery trust specifies in the right of interment.