Victorian Consolidated Legislation

Cemeteries and Crematoria Act 2003 - SECT 9A

Conversion order-Class A cemetery trust or Class B cemetery trust

9A. Conversion order-Class A cemetery trust or Class B cemetery trust



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

   (a)  a Class A cemetery trust to a Class B cemetery trust;

   (b)  a Class B cemetery trust to a Class A cemetery trust.

(2) The Minister must not recommend the making of a conversion order unless
satisfied that the order is in the public interest having regard to-

   (a)  the objects of this Act;

   (b)  the size or scale of the operations of the cemetery trust;

   (c)  the services provided, or to be provided, by the cemetery trust;

   (d)  the communities served, or to be served, by the cemetery trust;

   (e)  any other matters the Minister considers relevant.

(3) A conversion order-

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

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

   (c)  may provide for-

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

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

   (d)  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;

   (e)  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 the order;

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

(4) A conversion 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.