63Register of interment rights, memorials, cremations and interments

#### 63 Register of interment rights, memorials, cremations and interments 63 Register of interment rights, memorials, cremations and interments > > (1) A cemetery operator for a cemetery must cause a register to be kept of the following events— > > > > > (a) interment rights granted by the cemetery operator in respect of interment sites in the cemetery after the commencement of this paragraph, > > > > > (b) memorials erected in respect of interment sites in the cemetery after the commencement of this paragraph, > > > > > (c) each interment carried out in the cemetery after the commencement of this paragraph, > > > > > (d) each cremation carried out at the cemetery after the commencement of this paragraph, > > > > > (e) such other events (whether of the same or a different kind) as may be prescribed by the regulations. > > > > Maximum civil penalty: $2,200. > > > (2) A reference in this Act to the cemetery operator’s register is a reference to the register kept under subsection (1). > > > (3) The cemetery operator’s register may be wholly or partly in the form of a computer database, in documentary form, or in another form prescribed by the regulations and is to contain such particulars as are required by the regulations. > > > (4) Without limiting subsection (3), the cemetery operator’s register is to— > > > > > (a) identify (as far as possible) each holder of an interment right, and > > > > > (a1) include whether that holder is a joint holder of the interment right, and > > > > > (b) include contact details for that holder, and > > > > > (c) include contact details for any next-of-kin or other persons nominated by the holder as secondary contacts with respect to the holder, and > > > > > (d) include the name, age and last address of the person whose remains have been interred, the date of the person’s death and the date of the interment, and > > > > > (e) include the name, age and last address of the person whose remains have been cremated, the date of the person’s death, the date of the cremation and details of the disposal of the cremated remains. > > > (5) The cemetery operator must make an entry relating to an interment or cremation immediately after the interment or cremation is carried out. > > > > Maximum civil penalty: $2,200. > > > (6) The cemetery operator must keep a copy of the cemetery operator’s register at the cemetery and make it available for inspection on request by an authorised officer within the meaning of this Act or the [Public Health Act 2010](/view/html/inforce/current/act-2010-127). > > > > Maximum civil penalty: $2,200. > > > (7) A cemetery operator must make the cemetery operator’s register available for public inspection free of charge. > > > (8) An entry in the cemetery operator’s register of the particulars referred to in subsection (4) is presumed (unless the contrary is proved) to be correct. > > > (9) The cemetery operator must, as soon as reasonably practicable, amend the cemetery operator’s register— > > > > > (a) to correct an inaccuracy, error or omission on becoming aware of the inaccuracy, error or omission, or > > > > > (b) to record changes to an interment right as a result of— > > > > > > > (i) a transfer, revocation or determination of a holder of an interment right, or > > > > > > > (ii) the death of the holder of an interment right, or > > > > > > > (iii) another matter, or > > > > > (c) to record information, including a direction or notice, required by this Act to be recorded on the register. > > > > Maximum civil penalty—$2,200. > > > (10) The cemetery operator must, on application made by any person, make available to the person a copy of any entry made in the cemetery operator’s register in relation to an interment right or memorial. > > > (11) Such an application must be in the form prescribed by the regulations or approved by the Cemeteries Agency and accompanied by the appropriate fee. > > > (12) If a cemetery operator ceases to direct the operations of a cemetery, the cemetery operator must ensure the cemetery operator’s register is sent to the Cemeteries Agency or otherwise disposed of as the Cemeteries Agency directs. > > > > Maximum civil penalty: $2,200. > > **s 63:** Am 2025 No 32, Sch 1\[35\] \[36\].