Objections to cremation
8 Objections to cremation
This section does not apply if the deceased person has left signed instructions that his or her human remains be cremated.
A coroner or independent doctor must not issue a permission to cremate if the coroner or independent doctor is aware that any of the following persons object to the cremation—
a spouse, adult child or parent of the deceased person;
a personal representative of the deceased person.
The person in charge of a crematorium must not allow a deceased person’s human remains to be cremated at the crematorium if the person in charge is aware that any of the following persons object to the cremation—
a spouse, adult child or parent of the deceased person;
a personal representative of the deceased person.
Maximum penalty—100 penalty units.
Subsection (3) applies even if the person in charge has received a permission to cremate.
This section overrides the common law to the extent that it qualifies a personal representative’s right to decide how to dispose of the deceased person’s human remains.
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