Cemeteries and Crematoria Act 2003

On 1 July 2005, a cemetery trust responsible for a public cemetery under the Cemeteries Act 1958 in existence immediately before that date—

is deemed to be a cemetery trust established under Part 2 responsible for the management of the same public cemetery and known by the same name; and

continues in existence as if established under Part 2.

On 1 July 2005, all money standing immediately before that date to the credit of a fund or account of a cemetery trust under the Cemeteries Act 1958 and any other money belonging to the cemetery trust as at that date may, after that date, be used or invested by a cemetery trust in accordance with this Act.

On 1 July 2005, the trustees or members of a cemetery trust in office under the Cemeteries Act 1958 immediately before that date—

are deemed to be the members of the cemetery trust continued in existence by subclause (1) appointed in accordance with section 6; and

continue in office for the remainder of their original terms as if appointed under this Act.

Despite subclause (3), a cemetery trust is to operate with the number of members it had immediately before 1 July 2005 until—

if there were less than 3 trustees immediately before 1 July 2005, the Governor in Council appoints new members in accordance with this Act; or

if there were more than 11 trustees immediately before 1 July 2005, the number of initial members falls to 11.