Tasmanian Numbered Regulations

CREMATION REGULATIONS 1999 (S.R. 1999, NO. 47) - REG 3

3. Interpretation

In these regulations –

"Act" means the Cremation Act 1934 ;

"application for site approval" means an application for approval of a proposed site for the erection of a crematory;

"authorised officer" means –

(a) the Director; or

(b) a health officer appointed under the Public Health Act 1997 ; or

(c) an authorised officer or a council officer authorised or appointed under the Environmental Management and Pollution Control Act 1994 ; or

(d) the Commissioner of Police or any officer of police nominated by the Commissioner;

"building work" means building work within the meaning of Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ;

"certificate of burial" means a certificate issued under section 32(1) of the Coroners Act 1995 permitting burial, cremation, disposal at sea or other lawful disposal;

"confirmatory certificate" means a confirmatory certificate issued under regulation 19;

"coroner" means a coroner as defined by the Coroners Act 1995 ;

"cremation authority" means any person or body maintaining and conducting a crematory;

"cremation permit" means a permit authorising cremation issued under Division 4 of Part 3;

"Director" means the Director of Public Health appointed under the Public Health Act 1997 ;

"exhumation order" means an order under section 39 of the Coroners Act 1995 for the exhumation of the body of a deceased person;

"investigation" means an investigation under the Coroners Act 1995 ;

"medical practitioner" means a registered medical practitioner;

"medical practitioner's certificate" means a certificate of a medical practitioner issued under regulation 18;

"medical referee" means a person appointed under regulation 13;

"post-mortem certificate" means a post-mortem certificate issued under regulation 21;

"proposed site" means the proposed site for the erection of a crematory;

"register" means the register of cremations kept under regulation 29;

"Schedule fee" , in relation to a professional attendance by a medical practitioner, means the fee specified in the general medical services table under the Health Insurance Act 1973 of the Commonwealth;

"senior next of kin" , in relation to a deceased person, means –

(a) a person who, immediately before the death of the deceased person, was the spouse of that deceased person; or

(b) if there is no spouse of the deceased person or if the spouse is not available, the deceased person's eldest son or eldest daughter of or over 18 years; or

(c) if a person referred to in paragraph (a) or (b) is not available, the deceased person's next eldest son or next eldest daughter of or over 18 years; or

(d) if a person referred to in paragraph (a) or (b), or any son or daughter of or over 18 years, is not available, the deceased person's parent; or

(e) if a person referred to in paragraphs (a) to (d) is not available, the deceased person's eldest brother or eldest sister of or over 18 years; or

(f) if a person referred to in paragraphs (a) to (e) is not available, the next eldest brother or next eldest sister of or over 18 years; or

(g) if a person referred to in paragraphs (a) to (e), or any brother or sister of or over 18 years, is not available, an executor or the personal representative of the deceased person; or

(h) if the person is an Aboriginal person, a person who, according to the customs and tradition of the community or group to which the person belongs, is an appropriate person;

"spouse" includes a person's de facto partner.