Western Australian Numbered Acts Western Australian Numbered Acts Section 38 is
amended as follows:
(a) in
subsection (2) after “at least 2” by inserting —
“ clear working ”;
(b) in
subsection (3) after “until 2” by inserting —
“ clear working ”;
(c) in
subsection (4) after “within 2” by inserting —
“ clear working ”;
(d) in
subsection (6) by deleting “be postponed until 2 days after
that notice is received by the senior next of kin.” and inserting
instead —
“
not take place —
(a)
until 2 clear working days after that notice is received by the senior next of
kin; or
(b) if
an application for an extension of time has been made, until the application
is refused or the application for an order that the body not be exhumed is
dealt with.
”;
(e) in
subsection (7) after “Within 2” by inserting —
“ clear working ”;
(f) in
subsection (7) after “subsection (5),” by
inserting —
“
or before the end of any extension of time granted by the
Supreme Court,
”;
(g)
after subsection (7) by inserting the following subsection —
“
(7a) The Supreme Court may grant an extension of time
within which a person may apply to the Court for an order that the body not be
exhumed if the exhumation has not taken place and it is satisfied that
exceptional circumstances exist so that it is necessary or desirable in the
interests of justice to grant the extension.
”;
(h)
after subsection (8) by inserting the following subsection —
“
(9) Section 38 does not apply if the Supreme Court by
order under section 36(4)(b) directs that a body be exhumed.
”.
