Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 3

Definitions

3. Definitions



(1) In this Act-

authorised officer means a person appointed as an authorised officer under
Part 13; bodily remains means a corpse of a human being, including a corpse of
a still-born child but does not include-

   (a)  body parts; or

   (b)  cremated human remains; body parts means human tissue or a part of a
        person where that tissue or part is not part of a corpse and includes
        foetal remains which are not a still-born child; building for
        ceremonies means a building, chapel or other place of worship or
        commemoration for the use of a particular faith, religion or cultural
        group; cemetery trust means a cemetery trust established under Part 2
        and includes a Class A cemetery trust and a Class B cemetery trust;

cemetery trust fee means a fee or charge or scale of fees and charges set
under section 39 and either-

   (a)  approved under section 40; or

   (b)  exempt under section 40A from approval under section 40; cemetery
        trust rules means rules made by a cemetery trust under section 26;
        Class A cemetery trust means a cemetery trust established as a Class A
        cemetery trust under Part 2 or Schedule 4 or converted under Schedule
        3; Class B cemetery trust means a cemetery trust other than a Class A
        cemetery trust;

closed cemetery means a cemetery or part of a cemetery to which an order under
section 62 applies; community advisory committee means an advisory committee
established by a Class A cemetery trust under section 18D;

community advisory committee guidelines means guidelines made by the Secretary
under section 18G;

conversion order means an order made under section 9A;

cremated human remains means-

   (a)  a corpse of a human being (including a corpse of a still-born child)
        which has been cremated in a crematorium;

   (b)  body parts which have been cremated in a crematorium; cremation
        approval means an approval to cremate bodily remains at a crematorium
        in a public cemetery granted by the Secretary under section 134;
        cremation authorisation means an authorisation to cremate bodily
        remains granted by a cemetery trust under section 133; crematorium
        means a building or structure fitted with appliances for the purposes
        of cremating bodily remains; exhumation licence means a licence to
        exhume or remove human remains granted by the Secretary under Part 12;
        fees and charges guidelines means guidelines made under section 42A;

governance committee means a governance committee established by a Class A
cemetery trust under section 18B;

human remains means-

   (a)  bodily remains;

   (b)  cremated human remains;

   (c)  body parts; interment means the interring, burial or placing of human
        remains in a place of interment and, in relation to cremated human
        remains, includes the interment of those remains whether or not the
        remains are enclosed in a receptacle; interment approval means an
        approval granted by the Secretary under Part 8 to inter bodily remains
        in a place other than a public cemetery; interment authorisation means
        an authorisation granted by a cemetery trust under Part 8 to inter
        bodily remains in a public cemetery for which the cemetery trust is
        responsible; lift and re-position procedure means the procedure
        described in section 90; listed Class B cemetery trust means a Class B
        cemetery trust included on a list prepared by the Secretary under
        section 18K;

memorial means a monument, tombstone, headstone, ledger, cenotaph, plaque or
other method of memorialising a deceased person where that memorial is within
a public cemetery; model rules means model rules made in accordance with
section 25; municipal council means a Council within the meaning of the
Local Government Act 1989; place of interment means a grave, vault, mausoleum,
niche wall or any other structure or plot used for the interment of human
remains; public grave means a grave for multiple interments in which more than
one person may be interred and in respect of which more than one person may be
granted a right of interment that permits one interment only and no re-use of
the grave by the holder of the right of interment; registered medical
practitioner means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);



right of interment means a right of interment granted by a cemetery trust in
accordance with Part 6; Secretary means the Department Head (within the
meaning of the Public Administration Act 2004) of the Department of Health;

still-born child has the same meaning as it has in the
Births, Deaths and Marriages Registration Act 1996; transfer, in relation to a
right of interment, means-

   (a)  sale; or

   (b)  gift; or

   (c)  bequest in a will; or

   (d)  other assignment.

(2) If under the Public Administration Act 2004 the name of the Department of
Health is changed, a reference in the definition of Secretary in subsection
(1) to that Department must, from the date that the name is changed, be
treated as a reference to the Department by its new name.

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