78Exercising a right of interment

78 Exercising a right of interment

(1) A right of interment is exercised if, in accordance with this Act—

(a) human remains are interred at the place of interment to which the right of interment applies; or

(b) the holder of the right of interment creates a memorial at that place of interment.

S. 78(2) substituted by No. 16/2021 s. 10.

(2) Subject to subsection (3), a right of interment that is held by more than one person must be exercised jointly.

S. 78(3) inserted by No. 16/2021 s. 10.

(3) If right of interment is held by more than one person, and one or more of the holders of the right of interment are unable to be found after diligent inquiries, the following rules apply—

(a) the holders of the right of interment who can be found after diligent inquiries may jointly exercise the right of interment;

(b) if only one holder of the right of interment can be found after diligent inquiries, that holder may exercise the right of interment.

Division 2—Transfer and surrender