Burial and Cremation Act 2019

A person who proposes to carry on a regulated business must apply to the regulator for approval to carry on that business.

An application under subsection (1) – is to be in an approved form; and must be made to the regulator at least one calendar month before the person intends to carry on the regulated business; and must be accompanied by the prescribed fee if any.

In determining an application under subsection (1), the regulator may take into account any one or more of the following matters:if the applicant is a natural person – whether the applicant has been convicted of an offence under this Act, the Cremation Act 1934, the Burial and Cremation Act 2002 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993; or whether the applicant is or is not, in the opinion of the regulator, a fit and proper person to carry on the regulated business; if the applicant is a body corporate – whether a person concerned in the management of the body corporate has been convicted of an offence under this Act, the Cremation Act 1934, the Burial and Cremation Act 2002 or Part 4 of the Local Government (Building and Miscellaneous Provisions) Act 1993; or whether any such person is or is not, in the opinion of the regulator, a fit and proper person to carry on the regulated business; any other matter prescribed for the purposes of this section.

Within 21 days after receipt of an application under subsection (1), the regulator is to – approve the applicant to carry on a regulated business subject to any conditions that the regulator considers appropriate; or refuse to approve the applicant to carry on a regulated business; or request further information from the applicant and, after considering the further information – approve the applicant to carry on a regulated business subject to any conditions that the regulator considers appropriate; or refuse to approve the applicant to carry on a regulated business.

As soon as practicable after making a decision under subsection (4) in respect of an application, the regulator is to notify an applicant of that decision.

A decision of the regulator under subsection (4) is a reviewable decision for the purposes of the Tasmanian Civil and Administrative Tribunal Act 2020.