Documents to be provided before disposal of bodily remains
12 Documents to be provided before disposal of bodily remains
A person must not, without the approval of the Attorney‑General, cremate or inter bodily remains, or cause, suffer or permit the cremation or interment of bodily remains, unless he or she has seen a certificate of identification issued in accordance with the regulations and has recorded the prescribed particulars relating to the certificate.
Maximum penalty: $10 000 or imprisonment for 2 years.
Subject to this section, a person must not cremate or inter bodily remains, or cause, suffer or permit the cremation or interment of bodily remains, unless he or she has seen—
a partial certificate of cause of death; or
a disposal authorisation; or
an authorisation to dispose of human remains granted by the Minister or the Registrar under this section, and has recorded the prescribed particulars relating to the certificate or authorisation.
Maximum penalty: $10 000 or imprisonment for 2 years.
Subsection (2) does not apply if—
the remains are to be disposed of by cremation; and
the person has received a cremation permit issued by the Registrar in respect of the remains.
An approval or authorisation issued by the Minister under this section may be made subject to such conditions as the Minister thinks fit.
The
Registrar may not issue an authorisation under subsection (2) unless the deceased's death has been registered under the Births,
Deaths and Marriages Registration Act 1996 and the Registrar is satisfied that—
the particulars entered in the Register under that Act record that the deceased died from natural causes; or
the
State Coroner does not require the deceased's remains for the purposes of an inquest or for determining whether an inquest is necessary or desirable under the Coroners
Act 2003.
In this section—
partial, in relation to a certificate of cause of death, means a certificate that—
certifies that the deceased person to whom the certificate relates died of natural causes; and
contains all the particulars required to be stated in the certificate other than—
particulars relating to the cause of death; and
particulars relating to any illness or other medical condition.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.