Burial and Cremation Act 2013

The

Without limiting the generality of subsection (1), the regulations may—

impose special requirements in relation to the transportation, storage, handling or disposal of human remains where the deceased person was, or may have been, suffering from a prescribed disease at the time of his or her death; and

prescribe processes for the identification of human remains; and

regulate the construction, operation and use of mortuaries and crematoria;

regulate the construction of coffins, shrouds and other products designed to contain human remains; and

regulate the construction and use of mausolea and underground vaults; and

regulate the position, depth and maintenance of graves; and

regulate natural burials; and

regulate the keeping and inspection of records for the purposes of this Act;

provide for the management of cemeteries, natural burial grounds and crematoria; and

regulate the conduct of persons in cemeteries and natural burial grounds; and

regulate the movement and parking of vehicles in cemeteries and natural burial grounds; and

prescribe fees for the purposes of this Act; and

provide for the payment and recovery of fees for the purposes of this Act;

provide for the waiver, reduction, remission and refund of fees payable under this Act; and

prescribe penalties, not exceeding $10 000, for breach of, or non‑compliance with, a regulation.

The regulations may—

refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and

be of general or limited application; and

make different provision according to the persons, things or circumstances to which they are expressed to apply; and

provide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and

provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Registrar, a council or a prescribed authority; and

include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences; and

make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations under this Act.

If a code, standard or other document is referred to or incorporated in the regulations—

a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and

evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.