Burial and Cremation Act 2019

The Governor may make regulations for the purposes of this Act.

Without limiting the generality of subsection (1), the regulations may – provide for and regulate the operation of crematoria, cemeteries and any places that are, or may be, used in connection with a regulated business; and provide for all matters relating to the inspection by authorised officers of any places or premises entered under this Act and the functions and powers of authorised officers, including the functions and powers in respect of the collection of evidence relating to offences under this Act; and prescribe in what cases and under what conditions the interment or cremation of human remains may take place; and provide for the actions to be taken in respect of a deceased person once the death of the deceased person has been notified under this Act; and provide for the equipment and apparatus to be used for the purposes of a crematorium; and provide for the handling, transport and storage of human remains; and provide for and regulate the construction and use of coffins and any other containers used for the handling, transport or storage of human remains; and provide for the persons who may authorise interment, cremations and the memorialisation and handling of cremated remains; and provide for the appointment of medical personnel for the purpose of cremations, including their duties and obligations, the fees to be paid and the persons by whom the fees are to be paid, either generally or in particular cases; and prescribe the notices, certificates and declarations to be given or made before – any interment may be permitted to take place; and any cremation may be permitted to take place; and provide for the preparation of human remains for interment or cremation; and regulate and direct the disposition or interment of cremated remains; and provide for the registration of interments and cremations which have taken place; and provide for the keeping of records of any matter to which this Act applies and where and when the records are to be available to the public; and provide for and regulate the exhumation and removal of human remains; and provide for any matter relating to the conduct of Aboriginal cremations or the handling of cremated remains that result from Aboriginal cremations; and provide for a fine not exceeding 50 penalty units for a contravention of the regulations; and provide for a prescribed person to enter cemeteries and crematoria to undertake such measures as are required for compliance with the Act, and for the recovery of costs for such measures; and provide generally in respect of all matters incidental to, or connected with – the interment, or disposal, of human remains or cremated remains; or cremations; or a regulated business.

The regulations may apply, adopt or incorporate all or any of the provisions of a code or guidelines published by any organisation or body for the regulation of any matter to which this Act applies and the provisions may be applied, adopted or incorporated as they currently exist, as amended by the regulations, or as amended from time to time.

The regulations may provide for the temporary suspension or modification, by a notice published in the Gazette by the Minister having the administration of the Public Health Act 1997, of any provision of this Act on the occasion of an epidemic, or for other sufficient reason.

The regulations may – be of limited or general application; and be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and authorise any matter to be determined, applied or regulated by any specified person.