Burial and Cremation Act 2019

If – a place, land or structure is used as, or in connection with, a regulated business, cemetery or crematorium; and the place, land or structure is owned by a person other than the person carrying out the regulated business, the cemetery manager or the crematorium manager; and the owner of the place, land or structure has a direct, or indirect, ability to control or influence the use of the place, land or structure as the regulated business, cemetery or crematorium; and a provision of this Act is contravened in respect of the regulated business, cemetery or crematorium – the owner of the place, land or structure is taken to have contravened that provision.

It is a defence in proceedings in respect of a contravention referred to in subsection (1) for the owner of the place, land or structure to prove that – the relevant person carrying out the regulated business, the cemetery manager or the crematorium manager contravened the provision without the owner’s knowledge; or the owner was not in a position to influence the conduct of the person carrying out the regulated business, the cemetery manager or the crematorium manager in relation to the contravention; or the owner, if in such a position, attempted to prevent the contravention.

An owner may be convicted of a contravention of a provision of this Act whether or not any other person has been convicted of its contravention.