38Offences—exhumation

38 Offences—exhumation (a) the person exhumes human remains; and (b) the person is not authorised to exhume the human remains— (i) by a warrant under the Coroners Act 1997 authorising the exhumation; or (ii) by the regulator given under section 37. Maximum penalty: 200 penalty units, imprisonment for 2 years or (a) the regulator authorises the exhumation of human remains under section 37; and (b) the authorisation is subject to a condition; and (c) the person exhumes the human remains; and (d) the person does not comply with the condition. Maximum penalty: 200 penalty units, imprisonment for 2 years or (3) Subsection (1) does not apply if— (a) the licensee exhumes human remains from a burial site at the cemetery; and

(b) the sole purpose of exhuming the human remains is to enable the burial in the site of the human remains of a deceased person who has a right to burial in the same site as the deceased person whose human remains are exhumed.