103Documentation required for cremation

#### 103 Documentation required for cremation 103 Documentation required for cremation > > (1) A cremation authority must not cremate the body of a dead person unless the authority has the following— > > > > > (a) an application for cremation of the body, > > > > > (b) a cremation permit, > > > > > (c) cremation risk advice from a relevant medical practitioner, > > > > > (d) a death certificate or an order authorising the disposal of the remains of the dead person by a coroner under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041), section 101. > > > > Maximum penalty—20 penalty units. > > > (2) Subsection (1)(c) and (d) do not apply to a dead person who is a stillborn child. > > > (3) This section does not apply to a cremation of an organ or part of a body that has been subject to an anatomical examination under the [Anatomy Act 1977](/view/html/inforce/current/act-1977-126) or a post-mortem examination under the [Human Tissue Act 1983](/view/html/inforce/current/act-1983-164) if the cremation is carried out in accordance with an exemption granted by the Secretary generally or in a particular case. > > > (3A) This section does not apply to a cremation of the remains of a body referred to in section 101(2). > > > (4) This section does not apply to a cremation of the body of a dead person that has been buried for at least 10 years if the cremation is carried out in accordance with an exemption granted by the Secretary on application by— > > > > > (a) an executor of the estate of the dead person, or > > > > > (b) the nearest surviving relative of the dead person, or > > > > > (c) if there is no executor or relative available to make the application—a person who, in the opinion of the Secretary, is a proper person in all the circumstances to make the application. > > > (5) An application under subsection (4) must be— > > > > > (a) made in the approved form, and > > > > > (b) accompanied by the fee specified in Schedule 5. > > > (6) The form may require information contained in the form to be supported by a statutory declaration. > > > (7) In this section— > > > > cremation risk advice means written advice about the risk, if any, that the cremation of the body of a dead person may pose, including the risk of death, injury or illness to another person because of, for example, a pacemaker or other implant in the body. > > > > relevant medical practitioner, in relation to cremation risk advice for a dead person, means a medical practitioner who— > > > > > (a) attended the person immediately before, or during the illness terminating in, the death of the person, or > > > > > (b) has relevant knowledge of the dead person’s medical history. > > **s 103:** Am 2025 (624), Sch 1\[6\].