The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register that are necessary because of the operation of this Schedule.
22 Taxes
No stamp duty or other tax is chargeable under any Act in respect of anything effected by or done under this Schedule or in respect of any act or transaction connected with or necessary to be done by reason of this Schedule, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a cemetery trust.
23 Validity of things done under this Schedule
Nothing effected or to be effected by this Schedule or done or suffered under this Schedule—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any asset, right or liability; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligee or obligor wholly or in part from any obligation.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 28 August 2003
Legislative Council: 14 October 2003
The long title for the Bill for this Act was "to provide for the management and operation of cemeteries and crematoria, to repeal the , to amend the and to consequentially amend other Acts and for other purposes."
Cemeteries Act 1958
Crimes Act 1958
The Cemeteries and Crematoria Act 2003 was assented to on 11 November 2003 and came into operation on 1 July 2005: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Cemeteries and Crematoria Act 2003 by Acts and subordinate instruments.
Public Administration Act 2004, No. 108/2004 (as amended by No. 20/2005)
| Assent Date: | 21.12.04 |
| Commencement Date: | S. 117(1)(Sch. 3 item 27) on 5.4.05: Government Gazette 31.3.05 p. 602 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Health Legislation (Miscellaneous Amendments) Act 2005, No. 42/2005
| Assent Date: | 2.8.05 |
| Commencement Date: | Ss 3–7 on 3.8.05: s. 2 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Health Professions Registration Act 2005, No. 97/2005
| Assent Date: | 7.12.05 |
| Commencement Date: | S. 182(Sch. 4 item 7) on 1.7.07: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
| Assent Date: | 10.10.06 |
| Commencement Date: | S. 26(Sch. item 9) on 11.10.06: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Statute Law Revision Act 2007, No. 28/2007
| Assent Date: | 26.6.07 |
| Commencement Date: | S. 3(Sch. item 4) on 27.6.07: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Public Health and Wellbeing Act 2008, No. 46/2008
| Assent Date: | 2.9.08 |
| Commencement Date: | S. 249 on 1.1.09: Special Gazette (No. 365) 12.12.08 p. 1 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Coroners Act 2008, No. 77/2008
| Assent Date: | 11.12.08 |
| Commencement Date: | S. 129(Sch. 2 item 4) on 1.11.09: s. 2 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Cemeteries and Crematoria Amendment Act 2009, No. 61/2009
| Assent Date: | 27.10.09 |
| Commencement Date: | Ss 3–5, 8–23, 26–43 on 1.1.10: Government Gazette 17.12.09 p. 3338; ss 7, 25 on 1.2.10: Government Gazette 28.1.10 p. 146; ss 6, 24 on 1.3.10: Government Gazette 18.2.10 p. 288 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 97(Sch. item 17) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
| Assent Date: | 30.3.10 |
| Commencement Date: | S. 51(Sch. item 9) on 1.7.10: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Health and Human Services Legislation Amendment Act 2010, No. 29/2010
| Assent Date: | 8.6.10 |
| Commencement Date: | S. 50 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 14) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
| Assent Date: | 27.06.14 |
| Commencement Date: | S. 33(Sch. item 6) on 30.6.14: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Filming Approval Act 2014, No. 51/2014
| Assent Date: | 12.8.14 |
| Commencement Date: | S. 9(Sch. 2 item 1) on 1.3.15: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Cemeteries and Crematoria Amendment (Veterans Reform) Act 2015, No. 4/2015
| Assent Date: | 25.3.15 |
| Commencement Date: | Ss 4–8 on 9.11.15: Special Gazette (No. 303) 13.10.15 p. 1 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
| Assent Date: | 5.4.16 |
| Commencement Date: | Ss 136, 137 on 1.8.16: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Heritage Act 2017, No. 7/2017
| Assent Date: | 15.3.17 |
| Commencement Date: | S. 298 on 1.11.17: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 18) on 1.3.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Local Government Act 2020, No. 9/2020
| Assent Date: | 24.3.20 |
| Commencement Date: | S. 390(Sch. 1 items 13.1−13.3) on 6.4.20; s. 390(Sch. 1 item 13.4) on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 items 13.5, 13.6) on 1.7.21: s. 2(4) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Cemeteries and Crematoria Amendment Act 2021, No. 16/2021
| Assent Date: | 18.5.21 |
| Commencement Date: | Ss 4–6 on 15.11.21: Special Gazette (No. 460) 24.8.21 p. 1; ss 7–16 on 1.3.22: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |
Statute Law Revision Act 2025, No. 41/2025
| Assent Date: | 21.10.25 |
| Commencement Date: | S. 3(Sch. 1 item 8) on 22.10.25: s. 2 |
| Current State: | This information relates only to the provision/s amending the Cemeteries and Crematoria Act 2003 |