City and Environment Legislation Amendment Bill 2026
J2025-1409
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Minister for City and Government Services)
City and Environment Legislation
Amendment Bill 2026
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2 Cemeteries and Crematoria Act 2020
4 Section 25 3
5 Section 27 heading 6
6 Section 27 (2), penalty 6
Contents
Page
contents 2 City and Environment Legislation Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
7 Sections 59 to 61 6
8 Section 63A 6
9 Offences—keeping registers
Section 64 (1) (b) (iii) and (3) (b) 7
Part 3 Electoral Act 1992
10 Timing of redistributions
Section 37 (1) (a) 8
Part 4 Heavy Vehicle National Law (ACT) Act 2013
11 Offences against Heavy Vehicle National Law (ACT)—application of
Criminal Code
Section 6 9
12 Offences for which person charged does not have benefit of mistake of
fact defence—the Law, s 14
Section 21 9
Part 5 Road Transport (Offences) Regulation 2005
13 Infringement notice penalties—Act, dict, def infringement notice
penalty, par (a)
Section 6 (2) 10
Part 6 Road Transport (Safety and Traffic
Management) Regulation 2017
14 Testing and maintenance requirements—Act, s 24 (2) (b)
Section 16 (2) (a) (i) 11
15 Testing and maintenance requirements for police vehicle
speedometer—Act, s 24 (2) (b)
Section 17 (2) (a) 11
J2025-1409
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Minister for City and Government Services)
City and Environment Legislation
Amendment Bill 2026
A Bill for
An Act to amend legislation about the city and environment, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1 Preliminary
Section 1
page 2 City and Environment Legislation Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 1 Preliminary1
1 Name of Act2
This Act is the City and Environment Legislation Amendment Act3
2026.4
2 Commencement5
This Act commences on the 7th day after its notification day.6
Note The naming and commencement provisions automatically commence on7
the notification day (see Legislation Act, s 75 (1)).8
3 Legislation amended9
This Act amends the following legislation:10
• Cemeteries and Crematoria Act 202011
• Electoral Act 199212
• Heavy Vehicle National Law (ACT) Act 201313
• Road Transport (Offences) Regulation 200514
• Road Transport (Safety and Traffic Management)15
Regulation 2017.16
Cemeteries and Crematoria Act 2020 Part 2
Section 4
City and Environment Legislation Amendment Bill 2026 page 3
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Part 2 Cemeteries and Crematoria1
Act 20202
4 Section 253
substitute4
25 Licensee must make remains available for collection5
(1) If human remains are cremated at a crematorium, the licensee must,6
within 7 days after the cremation, notify the applicant that the7
cremated remains are available for collection.8
(2) The licensee must make the cremated remains available for collection9
by the applicant for 3 years after the day the applicant is notified10
(the retention period).11
(3) If the applicant does not collect the cremated remains within the first12
year of the retention period, the licensee must make the remains13
available for collection by a suitable person until the end of the14
retention period.15
(4) If the cremated remains have not been collected within the first16
2 years of the retention period, the licensee must ask the applicant or17
a suitable person to collect the remains by—18
(a) contacting the last known telephone number of the applicant or19
suitable person on at least 2 days; and20
(b) sending a written notice to the last known postal or email address21
of the applicant or suitable person.22
(5) A notice under subsection (4) (b) must state—23
(a) the day the retention period ends; and24
(b) that the licensee may dispose of the cremated remains after that25
day.26
Part 2 Cemeteries and Crematoria Act 2020
Section 4
page 4 City and Environment Legislation Amendment Bill 2026
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(6) In this section:1
applicant, in relation to the cremation of human remains, means the2
person who applied to the licensee of a crematorium for the cremation3
under section 22.4
suitable person means a person who is—5
(a) a family member of the deceased person whose human remains6
were cremated; and7
(b) over 16 years of age.8
25A Offences—failure to notify applicant or suitable person9
about collection of cremated remains10
(1) A person commits an offence if—11
(a) the person is the licensee of a crematorium; and12
(b) human remains are cremated at the crematorium; and13
(c) the person fails to comply with section 25 (1).14
Maximum penalty: 20 penalty units.15
(2) A person commits an offence if—16
(a) the person is the licensee of a crematorium; and17
(b) human remains are cremated at the crematorium; and18
(c) the cremated remains are not collected within the first 2 years of19
the retention period; and20
(d) the person fails to comply with section 25 (4).21
Maximum penalty: 20 penalty units.22
(3) In this section:23
retention period—see section 25 (2).24
Cemeteries and Crematoria Act 2020 Part 2
Section 4
City and Environment Legislation Amendment Bill 2026 page 5
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25B Offences—disposal of cremated remains1
(1) A person commits an offence if—2
(a) the person is the licensee of a crematorium; and3
(b) human remains are cremated at the crematorium; and4
(c) the person fails to comply with section 25 (1); and5
(d) the person disposes of the cremated remains.6
Maximum penalty: 50 penalty units.7
(2) A person commits an offence if—8
(a) the person is the licensee of a crematorium; and9
(b) human remains are cremated at the crematorium; and10
(c) the cremated remains are not collected within the first 2 years of11
the retention period; and12
(d) the person fails to comply with section 25 (4); and13
(e) the person disposes of the cremated remains.14
Maximum penalty: 50 penalty units.15
(3) A person commits an offence if—16
(a) the person is the licensee of a crematorium; and17
(b) human remains are cremated at the crematorium; and18
(c) the person disposes of the cremated remains before the end of19
the retention period.20
Maximum penalty: 50 penalty units.21
(4) In this section:22
retention period—see section 25 (2).23
Part 2 Cemeteries and Crematoria Act 2020
Section 5
page 6 City and Environment Legislation Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
5 Section 27 heading1
substitute2
27 Offence—cremation at crematorium3
6 Section 27 (2), penalty4
omit5
7 Sections 59 to 616
omit7
keep8
substitute9
comply with10
8 Section 63A11
substitute12
63A Register—collection of cremated remains13
(1) The licensee of a crematorium must keep a register of information in14
relation to the collection of cremated remains from the crematorium.15
(2) The register must include the following information in relation to16
cremated remains available for collection from the crematorium:17
(a) for an applicant notified under section 25 (1)—18
(i) the date the licensee notified the applicant; and19
(ii) the applicant’s name and contact details;20
Cemeteries and Crematoria Act 2020 Part 2
Section 9
City and Environment Legislation Amendment Bill 2026 page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) for a person asked to collect the cremated remains under1
section 25 (4)—2
(i) the date the licensee contacted the person; and3
(ii) the person’s name and contact details.4
(3) The register must include the following information in relation to5
cremated remains collected from the crematorium:6
(a) the name and contact details of the person who collected the7
cremated remains;8
(b) the relationship of the person who collected the cremated9
remains to the deceased person;10
(c) whether all or some of the cremated remains of the deceased11
person were collected;12
(d) the date the cremated remains were collected.13
(4) If the licensee disposes of cremated remains, the register must also14
include the date the licensee disposed of the cremated remains.15
9 Offences—keeping registers16
Section 64 (1) (b) (iii) and (3) (b)17
omit18
section 63A (Register—cremation collections)19
substitute20
section 63A (Register—collection of cremated remains)21
Part 3 Electoral Act 1992
Section 10
page 8 City and Environment Legislation Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 3 Electoral Act 19921
10 Timing of redistributions2
Section 37 (1) (a)3
after4
2 years5
insert6
and 1 month7
Heavy Vehicle National Law (ACT) Act 2013 Part 4
Section 11
City and Environment Legislation Amendment Bill 2026 page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 4 Heavy Vehicle National Law1
(ACT) Act 20132
11 Offences against Heavy Vehicle National Law (ACT)—3
application of Criminal Code4
Section 65
omit6
subject to section 21 (Offences for which person charged does not7
have benefit of mistake of fact defence—the Law, s 14)8
12 Offences for which person charged does not have benefit9
of mistake of fact defence—the Law, s 1410
Section 2111
omit12
Part 5 Road Transport (Offences) Regulation 2005
Section 13
page 10 City and Environment Legislation Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 5 Road Transport (Offences)1
Regulation 20052
13 Infringement notice penalties—Act, dict, def infringement3
notice penalty, par (a)4
Section 6 (2)5
substitute6
(2) However, the penalty payable by a corporation for an infringement7
notice offence (other than an offence against the Road Transport8
(Road Rules) Regulation 2017, part 12 (Restrictions on stopping and9
parking)) is—10
(a) for a heavy vehicle infringement notice offence—P × 5; or11
(b) in any other case—worked out as follows:12
(P × 5) − 24013
Road Transport (Safety and Traffic Management) Regulation 2017 Part 6
Section 14
City and Environment Legislation Amendment Bill 2026 page 11
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Part 6 Road Transport (Safety and1
Traffic Management)2
Regulation 20173
14 Testing and maintenance requirements—Act, s 24 (2) (b)4
Section 16 (2) (a) (i)5
substitute6
(i) for a speed measuring device, or the speed measuring7
component of the device—within an accuracy tolerance of8
2% or 2km/h; and9
15 Testing and maintenance requirements for police vehicle10
speedometer—Act, s 24 (2) (b)11
Section 17 (2) (a)12
substitute13
(a) within an accuracy tolerance of 2% or 2km/h; and14