Adelaide Cemeteries Authority Act 2001

This Act may be cited as the Adelaide Cemeteries

Authority Act 2001.

In this Act, unless the contrary intention appears—

Authority means the Adelaide Cemeteries

Authority established under

Part

2;

Authority cemetery means a cemetery administered by the Authority under this Act;

board means the board of directors established as the governing body of the Authority under

Part

2;

burial of human remains includes placement of the remains in a tomb, mausoleum or vault;

director means a member of the board under

Part

2;

employing authority means the person designated by proclamation as being the employing authority for the purposes of this definition;

human remains has the same meaning as in the

Births, Deaths and Marriages Registration

Act 1996.

A proclamation made for the purposes of the definition of

employing authority—

may apply by reference to a specified person, or by reference to the person for the time being holding or acting in a specified office or position; and

may, from time to time as the Governor thinks fit, be varied or substituted by a new proclamation.

The Adelaide Cemeteries Authority is established.

The Authority—

is a body corporate; and

has perpetual succession and a common seal; and

is capable of suing and being sued in its corporate name;

and

has the functions and powers assigned or conferred by or under this

Act.

The Authority is a statutory corporation to which the provisions of the Public Corporations Act 1993 apply.

The Authority's primary functions are—

the administration and maintenance of the following as public cemeteries:

Cheltenham Cemetery;

Enfield Memorial Park;

West Terrace Cemetery; and

the administration and maintenance of any other cemetery established or acquired by the Authority; and

the burial or other disposal of human remains in an Authority cemetery; and

activities associated with the heritage or historical significance of an Authority cemetery; and

any other function assigned to the Authority by or under this or any Act, or by the Minister.

The Authority's functions may extend to the following as the

Authority thinks fit:

activities or services relating to the burial or other disposal of human remains;

other activities or services utilising Authority property and buildings.

Subject to this Act, the Authority has all the powers of a natural person together with the powers conferred on it under this or any other

Act.

The Authority may not acquire a cemetery or part of a cemetery, or establish a cemetery, without the written approval of the

Minister.

The Authority may grant a right for burial purposes for any term or in perpetuity.

The Authority must not disturb or interfere with a grave within the area delineated and marked Jewish Granted MEM. No. 443 Bk. 42 on the plan of West Terrace Cemetery in

Schedule

1 without the written approval of the Board, the Trustees, or the Chief Minister, of the Adelaide Hebrew Congregation

Inc.

The Authority must not, without the approval of the Minister, use for any other purpose a portion of an Authority cemetery set apart (before or after the commencement of this subsection) for the burial or other disposal—

of persons of particular religious denominations; or

of members or former members of an arm of the Defence Forces of

Australia or of the naval, military or air force of some other country.

The Authority must not prevent or interfere with the performance of a ceremony according to the usage of a person's religion in connection with the burial or other disposal of the person's remains.

The Authority must allow a minister of a religious denomination for which a portion of an Authority cemetery is set apart to have free access and admission to that portion of the cemetery at all times in order to exercise his or her functions as a minister.

The Authority's charter under the Public Corporations

Act 1993 must contain specific limitations on the

Authority's activities designed to prevent the Authority, through its control of access to Authority cemeteries, from unduly restricting competition in the provision of funeral, floral, monument making or other services, or the supply of goods.

The Authority must not—

sell an Authority cemetery or part of an Authority cemetery;

or

grant a lease or licence in respect of an Authority cemetery, or

part of an Authority cemetery, in order to enable the Authority's primary functions, or a substantial part of the Authority's primary functions, with respect to the cemetery to be performed otherwise than directly by the

Authority and its staff; or

enter into any partnership, joint venture or other profit sharing arrangement, unless the Minister has approved a proposal for the transaction and has, at least two months before the proposed transaction is entered into—

given notice of the proposed transaction in the Gazette and in a newspaper circulating generally throughout the State; and

provided a written report on the proposed transaction to the

Economic and Finance Committee of the Parliament.

Subsection (1) does not apply to the disposal of land comprising or forming part of West Terrace Cemetery that is surplus to the requirements of the Authority.

The Authority may only dispose of land comprising or forming part of West Terrace Cemetery that is surplus to the requirements of the

Authority—

with the written approval of the Minister; and

by surrender of the fee simple in the land to the Crown; and, on surrender, the land will form part of the Adelaide Park Lands and come under the care, control and management of The Corporation of the City of

Adelaide.

The common seal of the Authority must not be affixed to a document except in pursuance of a decision of the board, and the affixing of the seal must be attested by the signatures of two directors.

The Authority may, by instrument under its common seal, authorise a director, a person employed under this Act (whether nominated by name or by office or title) or any other person to execute documents on behalf of the

Authority subject to conditions and limitations (if any) specified in the instrument of authority.

Without limiting subsection (2), an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the

Authority.

A document is duly executed by the Authority if—

the common seal of the Authority is affixed to the document in accordance with this section; or

the document is signed on behalf of the Authority by a person or persons in accordance with an authority conferred under this section.

A board of directors is established as the governing body of the

Authority.

The board consists of not more than seven directors appointed by the Governor on the nomination of the Minister, of whom—

one must be a person with practical knowledge of and experience in local government selected from a panel of three persons nominated by the Local

Government Association of South Australia; and

the remainder must include—

three who together have, in the Minister's opinion, the abilities and experience required for the effective performance of the Authority's business and management obligations; and

one with experience in historical and heritage matters;

and

one with experience in religious and community affairs;

and

one with management experience in government (other than local government).

The Minister must, in nominating persons for appointment to the board, have regard to the need for the Authority, in carrying out its functions, to be sensitive to the cultural diversity of the

State.

At least two directors must be women and at least two must be men.

One director will, on the nomination of the Minister, be appointed by the Governor to chair meetings of the board.

A director will be appointed for a term, not exceeding four years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.

However, the term of office of a retiring director will continue until he or she is reappointed or a successor is appointed (as the case may be).

The Governor may remove a director from office on the recommendation of the Minister.

The Minister may recommend the removal of a director on any ground that the Minister considers sufficient.

The office of a director becomes vacant if the director—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or

is convicted of an indictable offence or sentenced to imprisonment for an offence; or

is removed from office under subsection (3).