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, 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 or a post-mortem examination under the Human Tissue Act 1983 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.