Australian Capital Territory Numbered Regulations

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CEMETERIES AND CREMATORIA REGULATIONS 2003 (NO 31 OF 2003) - REG 11

Disposal of cremated remains

    (1)     After cremating human or foetal remains, the operator of a crematorium must give the ashes to the person who applied for the cremation (the applicant ) or, with the written consent of the applicant, to another person (the representative ).

    (2)     If the operator is not able to give the ashes to the applicant or representative under subregulation (1) within a reasonable time, the operator must give written notice to the applicant that—

        (a)     the ashes are available for collection or disposal; and

        (b)     if the applicant does not, within 1 year after the day the applicant receives the notice, collect the ashes, or make arrangements for the collection or disposal of the ashes, the operator may dispose of the ashes at the crematorium.

    (3)     If the applicant does not, within 1 year after the day the applicant receives notice under subregulation (2), collect the ashes, or make arrangements for the collection or disposal of the ashes, the operator may—

        (a)     give the ashes to a person who is—

              (i)     a family member of the dead person; and

              (ii)     over 16 years old; or

        (b)     dispose of the ashes at the crematorium.

    (4)     In this regulation:

"family member"—see the Civil Law (Wrongs) Act 2002 , section 29.

Part 3     Records

Division 3.1     Operator register



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