Offences—exhumation
38 Offences—exhumation
A person commits an offence if—
the person exhumes human remains; and
the person is not authorised to exhume the human remains—
by a warrant under the Coroners Act 1997 authorising the exhumation; or
by the regulator given under section 37.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
A person commits an offence if—
the regulator authorises the exhumation of human remains under section 37; and
the authorisation is subject to a condition; and
the person exhumes the human remains; and
the person does not comply with the condition.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Subsection (1) does not apply if—
the licensee exhumes human remains from a burial site at the cemetery; and
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.
The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Division 3.8 Miscellaneous
This Act’s bill:Explanatory statementSecond reading speech
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