Cemeteries and Crematoria Act 2003

On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may convert—

a Class A cemetery trust to a Class B cemetery trust;

a Class B cemetery trust to a Class A cemetery trust.

The Minister must not recommend the making of a conversion order unless satisfied that the order is in the public interest having regard to—

the objects of this Act;

the size or scale of the operations of the cemetery trust;

the services provided, or to be provided, by the cemetery trust;

the communities served, or to be served, by the cemetery trust;

any other matters the Minister considers relevant.

A conversion order—

may apply to a single cemetery trust or multiple cemetery trusts;

may change the name of a cemetery trust;

may provide for—

the appointment of new members to a cemetery trust;

the removal of members from a cemetery trust;

may provide for the transfer of—

assets and liabilities (whether contingent or otherwise);

duties and obligations in relation to staff;

duties and obligations under contracts or other arrangements;

records and registers;

may make provision for any other matter which, in the opinion of the Governor in Council, is necessary or expedient for the effective operation of the order;

may include savings, transitional or consequential provisions to facilitate the operation of the order.

A conversion order takes effect—

on the date the order is published in the Government Gazette; or

if a later date is specified in the order, on that later date.