Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 5

Establishment of cemetery trusts

5. Establishment of cemetery trusts



(1) The Governor in Council, by order published in the Government Gazette, may
establish a cemetery trust.

(1A) An order under subsection (1)-

   (a)  must specify whether the cemetery trust is a Class A cemetery trust or
        a Class B cemetery trust;



   (b)  may make provision for any other matter which, in the opinion of the
        Governor in Council, is necessary or expedient for the effective
        operation of that order;

   (c)  may include savings, transitional or consequential provisions to
        facilitate the operation of the order.

(2) A cemetery trust-

   (a)  is a body corporate with perpetual succession; and

   (b)  has a common seal; and

   (c)  may sue and be sued in its corporate name; and

   (d)  may acquire hold and dispose of real and personal property; and

   (e)  may do and suffer all acts and things that a body corporate may by law
        do and suffer.

(3) The common seal of each cemetery trust must be kept as directed by the
trust.

(4) All courts must take judicial notice of the imprint of the common seal on
a document and, until the contrary is proved, must presume that the document
was properly sealed.