Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 18

Secretary may give directions to cemetery trusts

18. Secretary may give directions to cemetery trusts



(1) The Secretary may give directions to a cemetery trust with respect to-

   (a)  the manner in which the cemetery trust is to manage and maintain any
        public cemetery for which it is responsible; and

   (ab) the management, operation or governance of the cemetery trust in
        accordance with this Act; and

   (ac) any matter arising as a result of an audit under section 50 or an
        audit or investigation under section 51; and

   (b)  the records to be kept by the cemetery trust; and

   (c)  the expenditure of funds of the cemetery trust; and

   (d)  the carrying out of any other function or the exercise of any other
        power of the cemetery trust under-

   (i)  this Act or any other Act; or

   (ii) the regulations made under this Act (including the model rules) or
        regulations made under any other Act; or

   (iii) cemetery trust rules.

(2) A direction given under this section-

   (a)  must be in writing; and

   (b)  may apply to-

   (i)  an individual cemetery trust; or

   (ii) a class of cemetery trusts; or

   (iii) all cemetery trusts.

(3) A cemetery trust must comply with a direction applying to it under this
section.

(4) A direction given under this section must not-

   (a)  refer to the cemetery services or crematoria services provided, or
        proposed to be provided, by a cemetery trust to a particular person;
        or

   (b)  refer to a decision made under the Act by a cemetery trust in relation
        to a particular person; or

   (c)  refer to a decision by a cemetery trust to employ or engage a
        particular person; or

   (d)  require the supply of goods or services to a cemetery trust by any
        particular person or other entity unless the supply is in accordance
        with a tender process.