Australian Capital Territory Numbered Regulations

CEMETERIES AND CREMATORIA REGULATIONS 2003 (NO 31 OF 2003) - REG 12

    (1)     The operator of a facility must keep a register (the operator register ).

    (2)     The operator must record in the operator register the required details of—

        (a)     burials at the facility of human and foetal remains; and

        (b)     interments at the facility of the ashes of cremated human and foetal remains; and

        (c)     cremations carried out at the facility.

    (3)     The operator of a facility must comply with subregulations (1) and (2).

Maximum penalty: 10 penalty units.

    (4)     The required details for a burial, interment or cremation are as follows:

        (a)     for human remains, or the ashes of human remains, of a person other than a stillborn child—

              (i)     the person's name; and

              (ii)     the date of the person's death;

        (b)     for human remains, or the ashes of human remains, of a stillborn child who has a name—the child's name;

        (c)     for human remains, or the ashes of human remains, of a stillborn child who has no name or for foetal remains or the ashes of foetal remains—

              (i)     the name of each known parent; and

              (ii)     the date of death or, if not known, the approximate date of death;

        (d)     for a cremation—the date of cremation;

        (e)     for a burial or interment—the date of burial or interment;

        (f)     the place where the human or foetal remains or ashes are buried or interred;

        (g)     if the human or foetal remains have been exhumed, or the ashes of cremated human or foetal remains have been recovered—

              (i)     the date of exhumation or recovery; and

              (ii)     the reason for exhumation or recovery; and

              (iii)     if the remains or ashes are reburied in, or returned to, a place other than where originally buried or interred—the date and place of reburial or reinterment.

Examples of reasons for exhumation

1     the coroner orders exhumation

2     remains are exhumed for reburial elsewhere

Note     An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)     For subregulation (4) (f), the place must be described in a way that allows it to be readily identified.

    (6)     An offence against subregulation (3) is a strict liability offence.