Interpretation
3 Interpretation
In this Act, unless the contrary intention appears—
authorised officer means—
a police officer; or
a person appointed by the Minister or a council as an authorised officer under this Act;
bodily remains means the whole or any part of a human body (whatever its physical state may be) but does not include the whole or any part of a human body that has been cremated;
cemetery means a place set apart for the disposal and memorialisation of human remains, but does not include—
a place at which cremated remains are scattered but is not otherwise used for the disposal of human remains; or
an
Aboriginal site as defined in the Aboriginal
Heritage Act 1988;
or
a natural burial ground; or
a place which consists of a single interment site where only—
the remains of 1 deceased person; or
the remains of 2 or more members of the same family, are, or are intended to be, interred;
cemetery authority means—
in the case of a cemetery administered by the Adelaide Cemeteries
Authority under the Adelaide
Cemeteries Authority Act 2001—the
Adelaide Cemeteries Authority;
in any other case—the person or body for the time being responsible for the administration of a cemetery;
certificate of cause of death means—
a certificate under section 36 of the Births,
Deaths and Marriages Registration Act 1996;
or
a certificate of cause of foetal death under section 12 of that Act;
or
a
post mortem certificate of cause of death under section 10;
close relative of a deceased person means—
a spouse or domestic partner of the deceased; or
a child of the deceased of or over the age of 18 years; or
a parent of the deceased; or
a brother or sister of the deceased of or over the age of 18 years;
or
if the deceased person was an Aboriginal person or Torres Strait
Islander—a person who is an appropriate person according to the tradition or custom of the community to which the deceased person belonged;
council has the same meaning as in the Local
Government Act 1999;
cremated remains means bodily remains that have been reduced by cremation;
cremation means a process for the reduction of bodily remains involving the use of fire or heat;
cremation permit means a cremation permit granted under this Act, and includes a cremation permit issued under the repealed Cremation
Act 2000;
crematorium means a facility designed for the cremation of bodily remains;
crematorium authority means the person or body for the time being responsible for the administration of a crematorium;
death includes still‑birth;
designated
Minister means the Minister for the time being responsible for the administration of the Health
Care Act 2008;
disposal of human remains means—
cremation of bodily remains; or
burial of bodily remains (including burial at sea); or
placement of bodily or cremated remains in a mausoleum, vault, columbarium or other structure;
disposal authorisation means an authorisation to dispose of human remains granted under the
Coroners
Act 2003 or a corresponding authorisation as defined in that Act;
District
Court means the Administrative and Disciplinary Division of the District
Court of South Australia;
domestic partner means a person who is a domestic partner within the meaning of the
Family
Relationships Act 1975, whether declared as such under that Act or not;
exhumation of human remains includes the removal of bodily remains from a mausoleum, underground vault or other structure;
funeral director means a person who carries on the business of arranging for the disposal of human remains;
human remains means bodily remains and includes—
the remains of a still‑born child; and
bodily remains after they have been cremated;
institution includes part of an institution;
interment of human remains means—
the placement of human remains in a mausoleum, vault, columbarium or other structure designed for the placement of such remains; or
the burial in the earth of human remains (directly in the earth or in a container);
interment right means an interment right issued under this Act by the relevant authority for a cemetery or natural burial ground;
interment site means—
a mausoleum, vault, columbarium or other structure in which human remains are interred; or
a site in which human remains are buried;
lift and deepen procedure means a procedure that consists of—
opening an interment site; and
recovering any human remains interred in the site; and
deepening or otherwise enlarging the interment site; and
re‑interring the existing human remains in the place of interment, whether contained in a receptacle or not, so as to provide space for additional interments in the site;
mausoleum means an above‑ground structure erected and designed as a resting place for remains without burial of the remains in the earth, but does not include a structure designed as a resting place exclusively for cremated human remains;
medical practitioner means a person registered under the Health
Practitioner Regulation National Law to practise in the medical profession (other than as a student);
memorial means—
a gravestone, plaque, cenotaph or other monument; or
any other structure or permanent physical object used to memorialise a deceased person;
Metropolitan
Adelaide has the same meaning as in the Development
Act 1993;
natural burial of human remains means burial in the ground—
without preparation of the remains using chemical preservatives; and
by containment of the remains only in a shroud or biodegradable coffin;
natural burial ground means a place at which human remains are interred by natural burial but does not include a place of a prescribed kind;
non-official record means a record that is not an official record;
official record has the same meaning as in the State
Records Act 1997;
personal representative of a deceased person means a person aged 18 years or more who is—
the executor of the estate of the deceased person or, if there is more than 1 executor, 1 of the executors acting with the permission of all the other executors; or
the administrator of the estate of the deceased person;
Registrar means—
the
Registrar of Births, Deaths and Marriages; or
a
Deputy Registrar of Births, Deaths and Marriages, under the Births,
Deaths and Marriages Registration Act 1996;
relative of a deceased person means a person aged 18 years or more who is—
a parent or grandparent of the deceased person; or
a brother or sister of the deceased person; or
a spouse or domestic partner of the deceased person; or
a child, grandchild or great grandchild of the deceased person; or
a child, grandchild or great grandchild of a brother or sister of the deceased person;
spouse—a person is the spouse of another if they are legally married;
relevant authority—
for a cemetery—means the cemetery authority; or
for a natural burial ground—means the person or body for the time being responsible for the administration of the natural burial ground; or
for a crematorium—means the person or body for the time being in charge of the crematorium;
State
Coroner has the same meaning as in the Coroners
Act 2003;
State heritage place has the same meaning as in the Development
Act 1993;
still‑born child has the same meaning as in the Births,
Deaths and Marriages Registration Act 1996;
tissue has the same meaning as in the Transplantation and Anatomy Act 1983 but does not include a tissue slide or other tissue specimen;
township has the same meaning as in the Local
Government Act 1999;
unincorporated area means an area of the State outside the areas of councils;
vault means an underground structure designed as a resting place for human remains without burial of the remains in the earth, but does not include a structure designed as a resting place exclusively for cremated remains.
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