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Cemeteries and Crematoria Act 2013
9Ministerial control of Cemeteries Agency
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#### 9 Ministerial control of Cemeteries Agency
9 Ministerial control of Cemeteries Agency
> > (1) The Cemeteries Agency is, in the exercise of its functions, subject to the control and direction of the Minister, except in relation to the following—
> >
> > > (a) the contents of any advice, report or recommendation given to the Minister,
> >
> > > (b) decisions whether to grant, suspend or cancel a licence held by a particular person under an interment industry scheme,
> >
> > > (b1) decisions whether to carry out investigative, compliance or enforcement activities in a particular case that may involve a contravention of this Act, regulations or interment industry schemes made under this Act, or licences granted under this Act,
> >
> > > (c) decisions whether to institute civil or criminal proceedings in a particular case.
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> > (2) The Minister must—
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> > > (a) give the Cemeteries Agency reasonable notice before giving it any direction with respect to the exercise of its functions and provide it with an opportunity to comment on the proposed direction within a time specified by the Minister, and
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> > > (b) give the direction in writing.
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> > (3) The Cemeteries Agency is to publish a copy of the direction in the Gazette.
>
> **s 9:** Am 2025 No 32, Sch 1\[7\].