Tasmanian Numbered Regulations
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BURIAL AND CREMATION (CEMETERY) REGULATIONS 2005 (S.R. 2005, NO. 55) - REG 3
Interpretation
(1) In these regulations Act means the Burial and Cremation
Act 2002 ;
approved nameplate means a plate that is (a) made of
metal, stone, plastic or other durable material; and
(b) engraved, printed,
stamped or otherwise marked with the family name and at least one given name
of the deceased person;
authorised officer means an authorised officer as
defined in section 51 of the Act;
certificate of exclusive right of burial
means a certificate issued under regulation 4 ;
coffin means a box, case
or other receptacle into which human remains are placed for storage, movement,
cremation or interment or which is designed for such a purpose;
coroner has
the same meaning as in the Coroners Act 1995 ;
grave means (a) an
interment plot; or
(b) a vault; or
(c) any other site or structure
in which human remains are interred;
personal representative includes the
executor or administrator of the estate of a deceased person, the Public
Trustee and a nominee of a coroner;
senior next of kin , in relation to a
deceased person, means the first listed person available from the following
list (a) a person who, immediately before the death of the
deceased person, was the spouse of the deceased person; or
(b) the deceased
person's eldest available son or daughter who is 18 or more years of age; or
(c) the person with whom the deceased person at the time of his or her death
was in a caring relationship which was the subject of a deed of relationship
registered under Part 2 of the Relationships Act 2003 ; or
(d) if there is no
person referred to in paragraph (a) , (b) or (c) or such a person is not
available, a parent of the deceased person; or
(e) the deceased person's
eldest available brother or sister who is 18 or more years of age; or
(f) the
personal representative of the deceased person; or
(g) if the deceased person
is an Aboriginal person within the meaning of the
Aboriginal and Torres Strait Islander Commission Act 1989 of the Commonwealth,
a person who is an appropriate person according to the customs and tradition
of the community or group to which the deceased person belonged; or
(h) a
person nominated by the Director of Local Government by written notice
provided to the person;
spouse includes the other party to a significant
relationship, within the meaning of the Relationships Act 2003 ;
vault means a
compartment in a mausoleum, or an underground chamber, in which human remains
are or may be interred.
(2) For the purpose of the definition of "senior next of kin" in
subregulation (1) , a person is not available if the person
(a) does not exist; or
(b) has been unable to be contacted even though all
reasonable steps have been taken to do so; or
(c) has declined to act as
senior next of kin; or
(d) is unable to perform adequately or competently the
duties of senior next of kin.
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