8Management of public cemeteries

8 Management of public cemeteries

S. 8(1) amended by No. 61/2009 s. 11(1)(a).

(1) On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette—

(a) may appoint—

(i) a cemetery trust to manage one or more public cemeteries;

(ii) a municipal council to manage one or more public cemeteries;

(b) may cancel any appointment made under paragraph (a);

(c) may change the name of a cemetery trust;

S. 8(1)(d) substituted by No. 61/2009 s. 11(1)(b).

(d) may abolish a cemetery trust and transfer all its assets and liabilities to another cemetery trust, a municipal council or to another entity, including the State of Victoria;

S. 8(1)(e) inserted by No. 61/2009 s. 11(1)(b).

(e) may abolish a cemetery trust.

Section 5 provides for the establishment of cemetery trusts.

(2) An order made under this section—

(a) may provide for the transfer of—

(i) assets and liabilities (whether contingent or otherwise);

(ii) duties and obligations in relation to staff;

(iii) duties and obligations under contracts or other arrangements;

(iv) records and registers; and

S. 8(2)(ab) inserted by No. 61/2009 s. 11(2).

(ab) may apply to a single cemetery trust or multiple cemetery trusts; and

S. 8(2)(ac) inserted by No. 61/2009 s. 11(2).

(ac) may provide for—

(i) the appointment of new members to a cemetery trust;

(ii) the removal of members from a cemetery trust; and

(b) may make provision for any other matter which, in the opinion of the Governor in Council, is necessary or expedient for the effective operation of that order; and

(c) may include savings, transitional or consequential provisions to facilitate the operation of the order.

(3) If the Governor in Council makes an order under this section, the order takes effect—