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s 5

Rights of interment

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5 Rights of interment

(1)

On 1 July 2005, an exclusive right of burial under the Cemeteries Act 1958 in existence immediately before that date—

(a)

is deemed to be a right of interment specified in section 75(a) of this Act in respect of the same site as that exclusive right of burial; and

(b)

is subject to any terms and conditions on which it was originally granted under the Cemeteries Act 1958 which are not inconsistent with this Act.

(2)

On 1 July 2005, any agreement for the interment of human remains which was not for a limited period made with a cemetery trust under the Cemeteries Act 1958 or the rules made under that Act and in existence immediately before that date—

(a)

is deemed to be a right of interment specified in section 75(a) of this Act in respect of the same site as that to which the agreement related; and

(b)

is subject to any terms and conditions on which it was originally granted under the Cemeteries Act 1958 which are not inconsistent with this Act.

(3)

On 1 July 2005, any agreement for the interment of human remains for a limited period made with a cemetery trust under the Cemeteries Act 1958 or the rules made under that Act and in existence immediately before that date—

(a)

is deemed to be a right of interment for a period not exceeding the time for which it is granted; and

(b)

may be converted to a 25 year right of interment or a perpetual right of interment in accordance with section 87 as if it were a right of interment referred to in that section.

(4)

On 1 July 2005, any agreement for the interment of human remains in a public grave made with a cemetery trust under the Cemeteries Act 1958 or the rules made under that Act and in existence immediately before that date is deemed to be a right of interment specified in section 75(b) of this Act.

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Section 5 — Rights of interment — Cemeteries and Crematoria Act 2003 (Victoria) — Barrister AI