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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