Burial and Cremation Act 2019

This section applies to a monument if – the monument holds, or is intended to hold, cremated remains; and a person has paid consideration, in any form, for the remains to be held in the monument; and the person in charge of the monument is taken to be responsible for the cremated remains for, and on behalf of, the senior next of kin for the deceased person; and there is an expectation, that is reasonable in the circumstances, that persons may be able to visit the monument.

A person in charge of a monument to which this section applies must permit any person to have access free of charge at any reasonable time to visit any part of the monument. Fine not exceeding 30 penalty units and a further fine not exceeding 5 penalty units in respect of each day during which the offence continues.

It is a defence in proceedings for an offence under subsection (2) if the person in charge of the monument establishes that – the person was refused access to the monument due to the person’s behaviour or previous behaviour; or the person was refused access in accordance with the agreement made at the time that the consideration, in any form, was paid for the remains to be held in the monument.

If cremated remains held in a monument to which this section applies are to be moved or removed, the person in charge of the monument must ensure that – at least 3 calendar months before the cremated remains are to be moved or removed, the senior next of kin for the deceased person, whose cremated remains are to be moved or removed from the monument, is notified of the intention to move, or remove, the cremated remains; and the cremated remains of the person are so moved and removed in a manner that – as far as practicable, respects the wishes of the person and, if applicable, his or her senior next of kin; and is not prejudicial to public health or public safety. Fine not exceeding 20 penalty units.

A person in charge of a monument to which this section applies may move, or remove, cremated remains from the monument before the expiry of the 3-month period referred to in subsection (4)(a), if the senior next of kin for each deceased person, whose cremated remains are to be moved or removed from the monument, has consented to the move, or removal, of the cremated remains.