Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 8

Management of public cemeteries

8. Management of public cemeteries



(1) On the recommendation of the Minister, the Governor in Council, by order
published in the Government Gazette-

   (a)  may appoint-

   (i)  a cemetery trust to manage one or more public cemeteries;

   (ii) a municipal council to manage one or more public cemeteries;

   (b)  may cancel any appointment made under paragraph (a);

   (c)  may change the name of a cemetery trust;

   (d)  may abolish a cemetery trust and transfer all its assets and
        liabilities to another cemetery trust, a municipal council or to
        another entity, including the State of Victoria;

   (e)  may abolish a cemetery trust.

Note Section 5 provides for the establishment of cemetery trusts.

(2) An order made under this section-

   (a)  may provide for the transfer of-

   (i)  assets and liabilities (whether contingent or otherwise);

   (ii) duties and obligations in relation to staff;

   (iii) duties and obligations under contracts or other arrangements;

   (iv) records and registers; and

   (ab) may apply to a single cemetery trust or multiple cemetery trusts; and



   (ac) may provide for-

   (i)  the appointment of new members to a cemetery trust;

   (ii) the removal of members from a cemetery trust; and

   (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; and

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

(3) If the Governor in Council makes an order under this section, the order
takes effect-

   (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.