Cemeteries Amendment Bill 2005

EXPLANATORY STATEMENT

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Mr Elliot McAdam MLA
Minister for Local Government

THE CEMETERIES AMENDMENT BILL 2005 PROPOSES TO AMEND THE CEMETERIES ACT.

THE PROPOSED AMENDMENT TO THE CEMETERIES ACT WILL ALLOW THE MINISTER TO APPROVE THE BURIAL OF A PERSON IN AN ALLOTMENT IN WHICH ONE OR MORE ADULTS ARE ALREADY BURIED WITHOUT PROCURING A BREACH BY THE MINISTER OF SECTION 37 OF THE CEMETERIES ACT BY GIVING HIS APPROVAL TO BURY A DECEASED PERSON IN THE DARWIN GENERAL CEMETERY, WHERE THAT PERSON OR HIS/HER FAMILY OR REPRESENTATIVE IS NOT THE HOLDER OF AN EXCLUSIVE RIGHT OF BURIAL IN RESPECT OF THAT ALLOTMENT IN CONTRAVENTION OF SECTION 36 OF THE ACT.

THE AMENDMENTS TO THE ACT WILL ENSURE THAT FAMILY MEMBERS OF A PERSON ALREADY BURIED IN THE DARWIN GENERAL CEMETERY MAY BE BURIED IN THE SAME ALLOTMENT.

CLAUSE 1.	SHORT TITLE.

CLAUSE 2.	PRINCIPAL ACT amended

CLAUSE 3.	AMENDMENT OF SECTION 37

	AMENDS THE CEMETERIES ACT BY THE INTRODUCTION OF A NEW SUBSECTION UNDER SECTION 37 WHICH PROTECTS A PERSON FROM COMMITING AN OFFENCE IN BURYING THE BODY OF A DECEASED PERSON IN ACCORDANCE WITH AN APPROVAL GIVEN BY THE MINISTER UNDER  REGULATION 19A OF THE CEMETERIES REGULATIONS IN A CEMETERY WHICH HAS BEEN CLOSED SUCH AS DARWIN GENERAL CEMETERY.