Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 10

Appointment of an administrator

10. Appointment of an administrator



(1) On the recommendation of the Minister, the Governor in Council, by order
published in the Government Gazette, may appoint an administrator to manage a
public cemetery.

(2) The Minister may only make a recommendation referred to in subsection (1)
in respect of a public cemetery managed by a Class B cemetery trust if, in his
or her opinion-

   (a)  the public cemetery is being inefficiently or incompetently managed;
        or

   (b)  the appointment is necessary to protect the interests of the public;
        or

   (c)  the Class B cemetery trust has failed to comply with a direction under
        section 18 or 50 and that failure justifies the appointment of an
        administrator; or

   (d)  after an audit under section 50 or an audit or investigation under
        section 51 has been conducted into the Class B cemetery trust, the
        outcome of that audit or investigation justifies the appointment of an
        administrator.

(2A) The Minister may only make a recommendation referred to in subsection (1)
in respect of a public cemetery managed by a Class A cemetery trust if, in his
or her opinion-

   (a)  the public cemetery is being inefficiently or incompetently managed;
        or

   (b)  the appointment is necessary to protect the interests of the public;
        or

   (c)  the Class A cemetery trust has failed significantly to meet its
        outcomes as specified in its annual plan; or

   (d)  the Class A cemetery trust has failed to comply with a direction under
        section 18 and that failure justifies the appointment of an
        administrator; or

   (e)  after an audit or an investigation has been conducted under section 51
        into the Class A cemetery trust, the outcome of that audit or
        investigation justifies the appointment of an administrator.

(3) On the appointment of an administrator-

   (a)  the members of the cemetery trust of the public cemetery cease to hold
        office; and

   (b)  the administrator acquires all the functions, powers, immunities and
        duties of the members of the cemetery trust.

(4) The Governor in Council, by order published in the Government Gazette, may
replace an administrator-

   (a)  with another administrator; or

   (b)  by declaring that the administration is to end and by appointing
        members to the cemetery trust in accordance with section 6.

(5) If the Governor in Council makes an order under subsection (4), the
administrator who is being replaced ceases to hold office-

   (a)  on the date the order is published in the Government Gazette; or

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