106Cremation permits for dead persons other than stillborn children

#### 106 Cremation permits for dead persons other than stillborn children 106 Cremation permits for dead persons other than stillborn children > > (1) A medical referee may issue a cremation permit for the body of a dead person who is not a stillborn child in the approved form if the medical referee receives— > > > > > (a) an application for cremation of the body of a dead person who is not a stillborn child, and > > > > > (b) a death certificate for the dead person. > > > (2) However, a medical referee must not issue a cremation permit for the body of a dead person if— > > > > > (a) the death of the person is examinable under the [Coroners Act 2009](/view/html/inforce/current/act-2009-041) by a coroner, or > > > > > (b) the proposed cremation would be contrary to a written direction left by the dead person, or > > > > > (c) the medical referee is not satisfied that the identity of the body has been correctly disclosed in the application for cremation, or > > > > > (d) the medical referee is not satisfied that the cause of death has been correctly identified in the death certificate, or > > > > > (e) the application for cremation or the death certificate appears to the medical referee to be otherwise incorrect or incomplete, or > > > > > (f) the same medical referee issued the death certificate, or > > > > > (g) the medical referee has administered professional care or treatment to the dead person at any time in the 6 months preceding death, or > > > > > (h) the medical referee is the spouse, de facto partner, parent, grandparent, aunt, uncle, child or sibling of the dead person. > > > > Maximum penalty—20 penalty units. > > > (3) A medical referee may conduct an external examination of the body before issuing a cremation permit if the medical referee considers it necessary. > > > (4) A medical referee who issues a cremation permit for the body of a dead person must include in the permit any written direction left by the dead person about the particular method of cremation that was or was not to be used. > > > > Maximum penalty—20 penalty units. > > > (5) A person who is not a medical referee must not issue a permit required under this Division to be issued by a medical referee. > > > > Maximum penalty (subsection (5))—20 penalty units.