Version No. 070
Cemeteries Act 1958
Act No. 6217/1958
Version incorporating amendments as at 1 June 2001
TABLE OF PROVISIONS
Section
1.
2.
2A.
2B.
Page
1
1
2
3
Short title
Definitions
Definitions
References to trustees
PART 1—CEMETERIES ETC.
3.
4.
4A.
5.
6.
7.
8.
8A.
9.
10.
11.
12.
13.
14.
14A.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
4
Creation of incorporated cemeteries trusts
Appointment etc. of trust members
Savings provision concerning existing trustees
Effect of appointment of a cemetery trust as an administrator
Appointment of an administrator
Trustees' powers
Power of trustees to borrow
Borrowing powers of trustees
Rules and regulations
Rules etc. to be published in Government Gazette
Penalty for breach of rules
Quorum of trustees
Trustees to adopt rules
Questions to be decided by majority
Trust member's indemnity
Interference with religious ceremonies or distribution of land
Ministers of religion to have free access
Trustees to make and publish scale of fees
Vaults and monuments
No burial in a public cemetery to take place without permit
Plan of monument etc. to be submitted to trustees
Brick or stone graves and vaults to be water-tight
Noxious exhalations or evaporations from graves
Headstones tombs etc. falling into decay
Trustees to fix position of monument etc.
Monuments etc. to be kept up
Private vaults protected
i
4
6
7
8
8
9
10
11
13
14
14
14
14
14
14
15
15
15
17
17
19
19
20
21
22
22
23
Section
27.
27A.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
46A.
47.
48.
49.
50.
50A.
51.
52.
53.
54.
55.
56.
57.
58.
58A.
59.
60.
Page
Power to relinquish right of burial
Unauthorized payments
Monuments etc. may be removed
Mortuary church
Direction of moneys by Governor in Council
Money to be either lent or paid
Security where money is lent
Trustees to keep account and abstract
Trustees to transmit the same to the Secretary
Statement
Governor in Council to direct appropriation of moneys
Directions to be published in Government Gazette
Penalty if trustee neglects
Trustees to prosecute for damage
Malicious injury
Injuries to monuments etc.
Person committing offence may be seized and detained
Certain burial grounds
Establishment and discontinuance of cemeteries
Penalty
Saving of certain rights
Overlay grave sites at Melbourne General Cemetery
Burials prohibited except in cemeteries etc.
Exhumation
Governor in Council may make certain regulations
Inspection of cemeteries
Exemptions
Register of burials
Burial of poor persons
Appropriation of penalties
Inquiry and certificate by the Minister
Repealed
Land Acquisition and Compensation Act 1986 to apply
Moneys to be provided by trustees of the cemetery
Divesting of land and vesting in the Crown
Land acquired compulsorily to vest in Crown
Registrar of Titles to amend Register.
Reservation of lands and vesting in trustees of cemetery
PART 1A—PIONEER MEMORIAL PARKS
60A. Pioneer memorial park
60B. Authority to establish pioneer memorial parks
60C. Power to trustees to remove monuments etc.
ii
24
24
25
25
26
26
26
26
27
27
27
28
29
29
29
29
30
30
31
31
32
32
35
35
37
37
38
38
38
39
39
40
40
41
41
41
42
42
43
43
43
44
Section
Page
PART 2—CREMATION
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
45
This Part not to apply to certain cemeteries
Definitions
Trustees of cemeteries may provide for cremation
Trustees may be appointed for cemeteries for cremation
Power of cemetery trustees extended to cremations
Site of crematorium
Donations for crematorium
Notice of intention to erect crematorium to be published
Fees for cremation
Discontinuance of cremation
Application of sections 49 and 50
Regulations as to management inspection etc.
Register of cremations
Persons conducting cremation to send certificate of cremation to
Registrar
Bodies of prisoners may be cremated
Consent required for cremation
As to condition for consent
Power to Governor in Council to license medical practitioners
Consent of Secretary necessary to cremation outside cemetery
Penalty on cremation without permission
False statement in certificate or use of false certificate a felony
45
45
45
46
46
46
47
47
47
47
48
48
48
49
49
49
50
52
52
52
53
PART 3—NEW METROPOLITAN CEMETERIES
54
Division 1—The Necropolis, Spring Vale
54
82.
83.
84.
85.
85A.
85B.
85C.
Incorporation of trustees
Limit on number of trustees
Trustees not personally liable
Attendance fees
Trustees of St Kilda Public Cemetery
Trustees of Melbourne General Cemetery
Repealed
54
54
54
55
55
56
56
Division 2—Fawkner Crematorium and Memorial Park
57
86.
New Melbourne Cemetery to become Fawkner Crematorium
and Memorial Park
87, 87A. Repealed
Division 3—General
88.
89.
90.
91.
57
58
59
Definition
Purchase of stock by Melbourne General Cemetery and
Boroondara Public Cemetery
Purposes for which advances to be made
Trustees empowered to obtain advance
iii
59
59
60
61
Section
92.
93.
94.
Page
Regulations
Regulations as to hours and wages of employés
Application of Parts I and II
__________________
61
61
62
SCHEDULES
63
SCHEDULE 1—Repealed
63
SCHEDULE 2—Application for cremation
64
SCHEDULE
66
Part A—Certificate of medical attendant
66
Part B—Certificate of licensed medical practitioner authorizing
cremation
68
SCHEDULE 4—Cemeteries which may be converted to Pioneer
Memorial Parks
70
═══════════════
ENDNOTES
71
1. General Information
71
2. Table of Amendments
72
3. Explanatory Details
78
iv
Version No. 070
Cemeteries Act 1958
Act No. 6217/1958
Version incorporating amendments as at 1 June 2001
An Act to consolidate the Law relating to Cemeteries and
Cremation.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
S. 1
amended by
Nos 7972 s. 2,
8116 s. 2, 8181
s. 2(1)(Sch.
item 18), 8634
s. 3, 60/1986
s. 8(a),
repealed by
No. 21/1995
s. 29(2),
new s. 1
inserted by
No. 68/1996
s. 17.
1. Short title
This Act may be cited as the Cemeteries Act
1958.
2. Definitions
*
*
*
*
*
S. 2(1)
repealed by
No. 21/1995
s. 29(2).
*
*
*
*
*
S. 2(2)
repealed by
No. 60/1986
s. 8(b).
1
Cemeteries Act 1958
Act No. 6217/1958
s. 2A
S. 2(3)
inserted by
No. 10262 s. 4.
S. 2(3) def. of
"Chief
General
Manager"
substituted by
No. 42/1993
s. 62(a),
repealed by
No. 46/1998
s. 7(Sch. 1).
(3) In this Act—
*
*
*
*
*
S. 2(3) def. of
"registered
medical
practitioner"
inserted by
No. 23/1994
s. 118(Sch. 1
item 7.1).
"registered medical practitioner" means a
registered medical practitioner within the
meaning of the Medical Practice Act 1994;
S. 2(3) def. of
"Secretary"
inserted by
No. 46/1998
s. 7(Sch. 1).
"Secretary" means the Secretary to the
Department of Human Services.
S. 2(4)
inserted by
No. 46/1998
s. 7(Sch. 1),
amended by
No. 12/1999
s. 4(Sch. 2
item 2.1).
S. 2A
inserted by
No. 9431 s. 2.
(4) If under the Public Sector Management and
Employment Act 1998 the name of the
Department of Human Services is changed, a
reference in the definition of "Secretary" in subsection (3) to that Department must, from the date
when the name is changed, be treated as a
reference to the Department by its new name.
2A. Definitions
For the purposes of this Act—
(a) a reference to "vault" includes a reference
to a mausoleum; and
(b) a reference to "bury" includes a reference to
the placing of a body in a mausoleum
whether the body is placed below, or above,
or partly below and partly above the ground
and the derivatives of "bury" have a
corresponding meaning.
2
Cemeteries Act 1958
Act No. 6217/1958
s. 2B
2B. References to trustees
(1) A reference in this Act to the trustees of a public
cemetery is to be read as a reference to the
cemetery trust appointed to administer that
cemetery, unless the contrary intention appears.
(2) A reference in this Act to the beliefs or opinion of
the trustees of a public cemetery is to be read as a
reference to the beliefs or opinion of the cemetery
trust appointed to administer that cemetery as
determined by the members of the cemetery trust
in accordance with this Act, unless the contrary
intention appears.
(3) A reference in this Act to a trustee of a public
cemetery in an individual capacity is to be read as
a reference to a member of the cemetery trust
appointed to administer that cemetery, unless the
contrary intention appears.
_______________
3
S. 2B
inserted by
No. 21/1995
s. 8.
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 3
PART I—CEMETERIES ETC.
S. 3
amended by
Nos 9212
s. 2(2),
12/1989
s. 4(1)(Sch. 2
items 12.1–
12.4), 42/1993
s. 62(b),
substituted by
No. 21/1995
s. 9.
3. Creation of incorporated cemeteries trusts
(1) The Governor in Council may make regulations—
(a) creating a cemetery trust;
(b) appointing a cemetery trust to administer any
public cemetery (including any Crown land
reserved either temporarily or permanently
for cemetery purposes under section 4 of the
Crown Land (Reserves) Act 1978);
(c) cancelling any appointment made under
paragraph (b);
(d) changing the name of a cemetery trust;
(e) abolishing any cemetery trust and
transferring all its assets and liabilities to
another cemetery trust or to another person
or body (including the State of Victoria);
(f) making provision for any other matter which,
in the opinion of the Governor in Council, is
necessary or expedient for the creation or
abolition of a cemetery trust.
(2) A cemetery trust—
(a) is a body corporate having perpetual
succession;
(b) is capable of acquiring, holding and
disposing of property;
(c) is capable of suing and being sued;
(d) is to have a common seal;
(e) is capable of doing and suffering all acts and
things that bodies corporate may by law do
or suffer.
4
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 3
(3) The common seal of a cemetery trust must not be
used except as authorised by a resolution of the
trust members.
(4) All courts and people acting judicially must take
judicial notice of the common seal of a cemetery
trust.
(5) An appointment under sub-section (1)(b) may be
made by simply specifying in a list the names of
the cemeteries a cemetery trust is to administer.
(6) If a cemetery trust is abolished under sub-section
(1)(e)—
(a) the cemetery trust or person or body to
which the abolished cemetery trust's assets
and liabilities are transferred becomes the
successor in law to the abolished cemetery
trust; and
(b) any reference to the abolished cemetery trust
in any Act, subordinate instrument,
certificate of title, agreement or other
document as far as it relates to any period
after the transfer is to be construed as a
reference to the cemetery trust or person or
body to which the abolished cemetery trust's
assets and liabilities were transferred, unless
the contrary intention appears.
(7) Regulations made under this section—
(a) may include savings, transitional or
consequential provisions to facilitate the
operation of this section;
(b) do not apply to The Trustees of the
Necropolis, Springvale, except that the
regulations may—
(i) appoint The Trustees of the Necropolis,
Springvale to administer any public
cemetery;
5
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 4
(ii) cancel any appointment made under
sub-paragraph (i);
(iii) do anything necessary to give effect to
sub-paragraphs (i) and (ii).
(8) If The Trustees of the Necropolis, Springvale is
appointed to administer a public cemetery, a
reference to a cemetery trust in this Part is to be
taken as including a reference to The Trustees of
the Necropolis, Springvale, unless the contrary
intention appears.
S. 4
substituted by
No. 21/1995
s. 9.
4. Appointment etc. of trust members
(1) Each cemetery trust is to have not less than 3 and
not more than 12 members appointed by the
Governor in Council.
(2) The Governor in Council—
(a) may appoint a person to be a member for any
period of up to 5 years; and
(b) may re-appoint a member; and
(c) may at any time remove a member on the
recommendation of the Minister.
(3) A member—
(a) is to hold office on the terms and conditions
determined by the Governor in Council; and
S. 4(3)(b)
amended by
No. 46/1998
s. 7(Sch. 1).
(b) is not, in respect of his or her office as a
member, subject to the Public Sector
Management and Employment Act 1998;
and
(c) may resign from office by delivering a
signed letter of resignation to the Governor
in Council.
6
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 4A
(4) An act or decision of a cemetery trust is not
invalid by reason only of vacancies in the
membership of the cemetery trust or of defects in
the appointment of members of the cemetery trust.
4A. Savings provision concerning existing trustees
(1) This section applies if a cemetery trust is
appointed to administer a public cemetery that
was in existence immediately before section 9 of
the Health Acts (Amendment) Act 1995 came
into operation and the regulations state that this
section is to apply to the cemetery trust in respect
of that cemetery.
(2) The trustees of the cemetery become the initial
members of the cemetery trust on the creation of
the cemetery trust.
(3) Despite section 4—
(a) the cemetery trust is to operate with the
initial number of initial members until—
(i) if there were less than 3 trustees
immediately before the cemetery trust
was created, the Governor in Council
appoints new members; or
(ii) if there were more than 12 trustees
immediately before the cemetery trust
was created, the number of initial
members falls to 12; and
(b) the initial members of the cemetery trust are
to continue in office until they die, resign or
are removed from office by the Governor in
Council.
7
S. 4A
inserted by
No. 21/1995
s. 9.
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 5
S. 5
substituted by
No. 21/1995
s. 9.
5. Effect of appointment of a cemetery trust as an
administrator
(1) On the appointment of a cemetery trust to
administer a public cemetery—
(a) it becomes the successor in law to the
cemetery trust or trustees who were
responsible for the administration of the
cemetery immediately before the
appointment; and
(b) any reference to the former cemetery trust or
trustees in any Act, subordinate instrument,
certificate of title, agreement or other
document as far as it relates to any period
after the appointment is to be construed as a
reference to the appointed cemetery trust,
unless the contrary intention appears.
(2) If a cemetery trust is responsible for administering
more than one public cemetery—
(a) it may administer all the cemeteries as if they
were one cemetery; and
(b) it may use the property, funds and income of
any cemetery it is administering to develop,
preserve or maintain any other cemetery that
it is administering.
S. 6
amended by
No. 6578
s. 2(a)(b),
substituted by
No. 21/1995
s. 9.
6. Appointment of an administrator
(1) On the recommendation of the Minister, the
Governor in Council may appoint an administrator
to manage a public cemetery by Order published
in the Government Gazette.
(2) The Minister may only make such a
recommendation if, in his or her opinion, a public
cemetery is being inefficiently or incompetently
managed, or the appointment is necessary to
protect the interests of the public.
8
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 7
(3) On the appointment of an administrator—
(a) the members of the cemetery trust of the
public cemetery cease to hold office; and
(b) the administrator acquires all the functions,
powers, immunities and duties of the
members of the cemetery trust.
(4) The Governor in Council may, by Order published
in the Government Gazette, replace an
administrator—
(a) with another administrator; or
(b) by declaring that the administration is to end
and by appointing members to the cemetery
trust in accordance with section 4.
(5) If the Governor in Council makes such an Order,
the administrator who is being replaced ceases to
hold office on the date the Order is published, or,
if a later date is specified in the Order, on that
later date.
Nos 3652 s. 7,
5025 s. 2.
7. Trustees' powers
(1) The trustees of any such cemetery shall have
power to enclose any land so granted or conveyed
as aforesaid with proper and sufficient walls rails
fences or palisades, and to erect suitable gates and
entrances and to lay out and ornament such
cemetery in such a manner as may be most
convenient and suitable for the burial of the dead,
and to embellish the same with such walks
avenues roads and shrubs as may to them seem
fitting and proper; and to preserve maintain and
keep in a cleanly and orderly state and condition
and cause to be so maintained and kept the whole
of any such cemetery and its walls and fences and
all monuments tombstones enclosures buildings
erections walks and shrubberies therein and
belonging thereto. And the trustees shall expend
subject to the directions of the Governor in
9
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 8
Council the moneys in their hands from time to
time to be received by them under this Act in the
exercise of their powers and the discharge of their
duties under this Act and in the burial of poor
persons.
S. 7(2)
amended by
No. 12/1989
s. 4(1)(Sch. 2
items 12.5,
12.6).
Nos 4006 s. 2,
6076 s. 2(2).
(2) The trustees of a cemetery may with the consent
of the Governor in Council pay out of the moneys
received by them under this Act to a municipal
council a contribution towards the cost of the
construction or maintenance of any private street
adjoining or abutting on the cemetery and
constructed (whether before or after the
commencement of the Cemeteries Act 1944)
under the Local Government Act 1989 or any
corresponding previous enactment.
8. Power of trustees to borrow
(1) The trustees of any public cemetery may from
time to time with the consent of the Governor in
Council borrow from any person such moneys as
they deem necessary on debentures or otherwise
to be secured on the revenue of the cemetery in
order to enable them to carry out and perform the
powers authorities and duties vested in them as
trustees under this Act.
S. 8(2)
amended by
No. 110/1986
s. 140(2).
(2) In default of payment of any principal money or
interest secured on the revenue of the cemetery as
aforesaid the Supreme Court may on application
by any person who has lent or advanced such
principal money appoint some person or persons
to be a receiver of the whole or portion of the said
revenue, and may at any time remove any such
person.
(3) Every such receiver shall be deemed an officer of
and shall act under the direction of the Supreme
Court and shall be entitled subject to this Act to
receive the whole or any portion of such revenue
10
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 8A
and to be paid such commission as and by way of
remuneration as the Supreme Court appoints.
(4) Every such receiver shall hold all such moneys
received by him after payment of costs and
expenses and of his commission for the benefit of
the person who has lent or advanced such
principal moneys to the trustees.
8A. Borrowing powers of trustees
(1) The trustees of a cemetery to which this Act
applies may with the approval of the Treasurer of
Victoria (in this section called "the Treasurer")
and subject to such terms, conditions and
limitations as the Treasurer approves—
(a) borrow moneys from any authorised deposittaking institution within the meaning of the
Banking Act 1959 of the Commonwealth by
way of overdraft; and
(b) obtain temporary finance accommodation
secured or arranged in such manner and for
such period as the Treasurer in each
particular case approves.
(2) The trustees of a cemetery to which this Act
applies may borrow moneys from any institution,
person or body approved by the Treasurer on such
terms and conditions as are approved by the
Treasurer from time to time and give to any such
institution, person or body security for moneys so
borrowed in such form as the Treasurer approves
in each particular case.
(3) Where the trustees of a cemetery borrow moneys
under the power conferred by sub-section (1) or
sub-section (2) the Treasurer may execute in
favour of any institution, person or body lending
money to the trustees a guarantee for the
repayment thereof.
11
S. 8A
inserted by
No. 9660 s. 2.
S. 8A(1)(a)
amended by
No. 11/2001
s. 3(Sch.
item 11).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 8A
(4) A guarantee given by the Treasurer under subsection (3)—
(a) shall, subject to this section, be in such form
and subject to such terms and conditions as
the Treasurer thinks fit;
(b) may extend to any interest charges and other
expenses chargeable by the institution,
person or body making the loan and the
expenses of enforcing or obtaining or
endeavouring to enforce or obtain repayment
of the loan and those interest charges and
expenses;
(c) shall be subject to the condition that the
institution, person or body making the loan
shall obtain, take and hold or retain and hold
securities of such nature as the Treasurer
may require for the repayment of the loan
and the payment of interest charges and
expenses;
(d) shall be subject to the condition that the
institution, person or body making the loan
shall not without the prior consent in writing
of the Treasurer assign or encumber the
benefit of the guarantee; and
(e) shall not be enforceable against the Treasurer
unless the institution, person or body making
the loan has, to the Treasurer's satisfaction,
exercised its or his rights and remedies under
all securities held by or for it or him in
respect of the loan and any interest charges
and expenses.
(5) Any moneys required by the Treasurer in fulfilling
any guarantee given under this section shall be
paid out of the Consolidated Fund (which is
hereby to the necessary extent appropriated
accordingly) and any moneys received or
12
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 9
recovered by the Treasurer in respect of any
moneys so paid by the Treasurer shall be paid into
the Consolidated Fund.
(6) The Treasurer shall cause the terms and conditions
of any guarantee executed under sub-section (3) to
be published in the Government Gazette.
(7) The Secretary shall include in each annual report
under the Annual Reporting Act 1983 details of
all current guarantees relating to cemetery trusts
under this Act.
S. 8A(7)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(8) The powers conferred by this section may be
exercised notwithstanding anything to the contrary
in this Act and are in addition to any powers
conferred by any other provision of this Act.
9. Rules and regulations
The trustees of any such cemetery shall have
power and authority to make such rules and
regulations, and to do and perform and cause to be
done and performed all such acts matters and
things as may be necessary and proper for any of
the purposes aforesaid; and for directing the
positions of all graves and vaults to be made in the
said cemetery the depths of the graves and
construction of coffins to be admitted into vaults
and the covering of vaults so as to prevent the
escape of any noxious exhalation or evaporation
in the said cemetery; and for protecting the
buildings monuments shrubberies plantations and
enclosures therein and thereof from destruction or
damage; and for regulating the behaviour of
persons in the cemetery and for prescribing
conditions to be complied with (including the
indemnification of the trustees of that cemetery)
by persons who conduct burials and who are not
undertakers.
13
No. 3652 s. 8.
S. 9
amended by
No. 7/1991
s. 4.
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 10
No. 3652 s. 9.
10. Rules etc. to be published in Government Gazette
No rule or regulation shall be in force until the
same has been submitted to the Governor in
Council and published in the Government Gazette.
No. 3652 s. 10.
S. 11
amended by
Nos 9431 s. 3,
7/1991 s. 9(a).
No. 3652 s. 11.
S. 12
amended by
No. 21/1995
s. 10(a).
No. 3652 s. 12.
S. 13
amended by
No. 21/1995
s. 10(a).
No. 3652 s. 13.
S. 14
amended by
No. 21/1995
s. 10(b).
S. 14A
inserted by
No. 7/1991
s. 5,
substituted by
No. 21/1995
s. 11.
11. Penalty for breach of rules
Every person who is guilty of a breach of any
rules and regulations made and published in
pursuance of the foregoing provisions of this Act
or of any corresponding previous enactment shall,
on an information being laid against him by the
trustees of any public cemetery or by any officer
or servant employed by them, be liable for every
such offence to a penalty of not more than 10
penalty units.
12. Quorum of trustees
The members of a cemetery trust shall not be
competent to proceed to business at any meeting
unless there are at least three of them present.
13. Trustees to adopt rules
The members of a cemetery trust may adopt rules
for convening meetings and such other rules and
regulations as may be necessary for their own
guidance and management.
14. Questions to be decided by majority
The majority in number present at any meeting of
the members of a cemetery trust shall decide and
determine all questions matters and things which
may be discussed or considered at such meeting.
14A. Trust member's indemnity1
(1) A member of a cemetery trust is not personally
liable for anything he or she does, or omits to do,
in good faith—
(a) in carrying out a function or power under
this Act; or
14
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 15
(b) in the reasonable belief that the act or
omission was in the carrying out of a
function or power under this Act.
(2) Any liability resulting from an act or omission
that would, but for sub-section (1), attach to a
cemetery trust member, attaches instead to the
cemetery trust.
15. Interference with religious ceremonies or
distribution of land
No. 3652 s. 14.
The trustees of any such cemetery shall not by any
rule or regulation or any act matter or thing at any
time interfere directly or indirectly with the
performance of any religious ceremony in the
burial of the dead according to the usage of the
communion to which the deceased has belonged;
or with the original distribution of lands or
hereditaments made or intended to be made by the
deed of grant or other conveyance to and amongst
separate and distinct religious denominations and
communions.
16. Ministers of religion to have free access
No. 3652 s. 15.
The minister of any denomination for which any
portion of any such cemetery is specially set apart
may have free access and admission to such
portion of the said cemetery at all times as he
thinks fit; and may freely exercise his spiritual
functions therein without any hindrance or
disturbance by the trustees of the said cemetery or
any person whomsoever.
17. Trustees to make and publish scale of fees
(1) The trustees of every such cemetery may from
time to time with the consent of the Governor in
Council make and publish in the Government
Gazette a scale of fees payable on any vault or
grave being dug or made and any monument or
tombstone being erected or placed in any part of
15
No. 3652 s. 16.
S. 17(1)
amended by
No. 9660
s. 3(a)(b).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 17
any such cemetery and any inspection of records
kept by any person for the purposes of historical
research or by an employé of the trustees on
behalf of a person for that purpose.
S. 17(2)
amended by
No. 9660
s. 3(b).
(2) On the request of any person who wishes to
inspect any records kept in relation to a cemetery
for the purposes of historical research, the trustees
may on payment of the appropriate fees fixed
pursuant to sub-section (1) permit the person to
inspect the records and to take copies thereof or
extracts therefrom or permit an employé of the
trustees to inspect the records on that person's
behalf and to take copies thereof or extracts
therefrom and to give those copies or extracts to
the person who made the request.
S. 17(3)
inserted by
No. 24/2000
s. 18.
(3) The trustees of a cemetery trust may increase a fee
named in a scale of fees made and published
before 1 July 2000 by an amount not exceeding
the amount of GST payable on the supply to
which the fee relates.
S. 17(4)
inserted by
No. 24/2000
s. 18.
(4) If the trustees of a cemetery trust increase a fee
under sub-section (3), they must cause notice of
the increase to be published in the Government
Gazette and a newspaper generally circulating in
the area in which the cemetery is situated.
S. 17(5)
inserted by
No. 24/2000
s. 18.
(5) A fee may be increased only once under subsection (3).
S. 17(6)
inserted by
No. 24/2000
s. 18.
(6) If a fee has been increased under sub-section (3), a
reference in this Act to the fee is a reference to the
fee as increased.
16
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 18
(7) In this section—
"GST" has the same meaning as it has in the A
New Tax System (Goods and Services Tax)
Act 1999 of the Commonwealth except that
it includes notional GST of the kind for
which payments may be made under Part 3
of the National Taxation Reform
(Consequential Provisions) Act 2000 by a
person that is a State entity within the
meaning of that Act.
18. Vaults and monuments
If such scale of fees has been made and published
as aforesaid, the trustees of any such cemetery or
any officer of the trustees authorized in that behalf
(whether generally or in any particular case) by
the trustees and the Secretary may permit any
vault or grave to be dug or made in such cemetery
and any monument or tombstone to be erected or
placed in any part of any such cemetery as they
think or he thinks proper, upon payment to them
or to him by the person desiring to dig or make
such vault or grave and to erect or place such
monument or tombstone of the fees named in the
scale aforesaid.
S. 17(7)
inserted by
No. 24/2000
s. 18.
No. 3652 s. 17.
S. 18
amended by
Nos 9023 s. 40
(Sch. 1 Pt A
item 4(a)) (as
amended by
No. 9052 s. 7),
9052 s. 2(a)(b)
(as amended
by No. 9427
s. 6(1)), 10262
s. 4, 46/1998
s. 7(Sch. 1).
19. No burial in a public cemetery to take place without
permit
Nos 5025 s. 3,
5623 s. 4(2).
(1) No corpse shall be buried in any public cemetery
until a permit to bury such corpse has been signed
by an officer of the trustees of the cemetery
authorized in that behalf (whether generally or in
any particular case) by the trustees and the
Secretary.
S. 19(1)
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 9052 s. 3,
10262 s. 4,
46/1998
s. 7(Sch. 1).
17
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 19
S. 19(2)
amended by
No. 46/1998
s. 7(Sch. 1).
(2) Any such officer shall sign or refuse to sign any
such permit in accordance with such regulations
as are made by the Governor in Council and such
general or special directions as are given by the
trustees, but in no case shall any such officer sign
such a permit until with respect to the corpse—
S. 19(2)(a)
substituted by
No. 6564
s. 2(1),
amended by
No. 23/1994
s. 118(Sch. 1
item 7.2),
substituted by
No. 43/1996
s. 65(Sch.
item 2.1).
(a) a notice as required under section 37(2) of
the Births, Deaths and Marriages
Registration Act 1996;
S. 19(2)(b)
substituted by
No. 6564
s. 2(1),
amended by
Nos 10257
s. 78(a),
42/1993
s. 62(c).
(b) a certificate in the form prescribed under
section 23 of the Coroners Act 1985
permitting burial; or
S. 19(2)(c)
substituted by
No. 6564
s. 2(1),
amended by
Nos 23/1994
s. 118(Sch. 1
item 7.2),
43/1996
s. 65(Sch.
item 2.2).
(c) a statutory declaration made by the
undertaker or other person conducting the
burial stating that owing to special
circumstances it is not possible for a notice
as required under section 37(2) of the Births,
Deaths and Marriages Registration Act
1996 to be produced at the time of burial—
has been produced to such officer:
Provided that in any case where such officer signs
a permit on production of a statutory declaration
hereinbefore referred to he shall forthwith give
notice in writing of that fact to the Minister.
18
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 20
(3) Every person who in contravention of the
provisions of this section buries a corpse or causes
a corpse to be buried or signs any permit shall be
liable to a penalty of not more than 25 penalty
units.
20. Plan of monument etc. to be submitted to trustees
When any person desires to erect or place any
vault monument or tombstone in any part of any
such cemetery, he shall before such permission as
aforesaid is given submit a plan of the vault
monument or tombstone proposed to be erected or
placed to the trustees of such cemetery or an
officer of the trustees authorized in that behalf
(whether generally or in any particular case) by
the trustees and the Secretary who shall be at
liberty to withhold their or his permission and to
prevent the erection or placing of any vault
monument or tombstone which appears to them or
him inappropriate unsafe or dangerous.
21. Brick or stone graves and vaults to be water-tight
S. 19(3)
amended by
Nos 9431 s. 4,
7/1991 s. 9(b).
No. 3652 s. 18.
S. 20
amended by
No. 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7),
substituted by
No. 9052 s. 4,
amended by
Nos 9431 s. 5,
10262 s. 4,
46/1998
s. 7(Sch. 1).
No. 3652 s. 19.
(1) Every grave now or hereafter lined with brick or
stone and every brick or stone vault now or
hereafter constructed in any public cemetery shall
be made and kept water-tight by or at the expense
of any person having for the time being the
exclusive right of burial or interment in any such
grave or vault as a family or private burial place.
(2) Every coffin now or hereafter deposited in a grave
lined with brick or stone or in a brick or stone
vault shall be built in and covered with a
substantial slab of stone slate or iron cemented in
and shall be made and kept air-tight and watertight, and any space surrounding such coffin shall
be filled up with charcoal dry earth or other
suitable material by or at the expense of any
person having for the time being the exclusive
right of burial or interment as a family or private
19
S. 21(2)
amended by
Nos 9431 s. 6,
7/1991 s. 9(c).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 22
burial place in any such grave or vault in any
public cemetery.
In the event of any such person failing to comply
with any of the provisions of this section at the
expiration of seven days after the date of receiving
from the trustees of any such cemetery notice in
writing so to do or failing to fill up the said brick
or stone vault with charcoal dry earth or other
suitable material he shall be liable to a penalty of
not more than 10 penalty units.
S. 21(3)
inserted by
No. 21/1995
s. 13.
No. 3652 s. 20.
S. 22
amended by
Nos 9427 s. 4
(Sch. 3
item 1),
57/1989 s. 3
(Sch. item
20.1).
(3) Despite sub-section (2), in the case of a coffin
placed in a mausoleum, it is not necessary for the
space surrounding the coffin to be filled up with
any material.
22. Noxious exhalations or evaporations from graves
When the trustees of any public cemetery have
reasonable grounds for believing that noxious
exhalations or evaporations are escaping from any
grave or vault, they may by a written notice
require any person having for the time being the
exclusive right of burial or interment in such
grave or vault to open the same for examination
on some specified day; and in the event of such
person failing to open such grave or vault or to
comply within seven days with any subsequent
notice in writing to repair any such grave or vault
or fill up the same with charcoal or dry earth or
other suitable material so as to prevent the escape
of any noxious exhalations or evaporations the
said trustees may so open such grave or vault or
repair or so fill up the same, and may recover the
costs and expenses of so doing from such person
before the Magistrates' Court as a civil debt
recoverable summarily.
20
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 23
23. Headstones tombs etc. falling into decay
(1) Where any person has for the time being the
exclusive right of burial or interment in any grave
or vault such person shall maintain or cause to be
maintained at his expense such grave or vault or
monument tombstone headstone cenotaph wall
fence or other erection placed thereon in a state
unlikely to cause danger to life or limb and in
thorough repair and proper condition.
No. 3652 s. 21.
S. 23
amended by
Nos 8634
s. 5(a)–(c),
9023 s. 40
(Sch. 1 Pt A
item 4(a)(b))
(as amended
by No. 9052
s. 7),
substituted by
No. 9052 s. 5.
(2) Where in the opinion of the trustees any grave or
vault or monument tombstone headstone cenotaph
wall fence or other erection is in a state likely to
cause danger to life or limb or is not in thorough
repair or proper condition the trustees may by
notice in writing sent to the person having the
exclusive right to burial or interment require such
person to remove the danger or to make such
repairs or restoration as are specified in the notice
in writing.
(3) In the event of a person failing to comply with the
requirements of any notice given under subsection (2) within 14 days the trustees may—
S. 23(3)
amended by
No. 57/1989
s. 3(Sch.
item 20.2).
(a) repair the grave vault monument tombstone
headstone cenotaph or other erection to
which the notice relates; or
(b) with the consent of the Secretary take down
and remove any monument tombstone
headstone cenotaph or other erection—
and may recover the cost and expenses of so doing
from the person to whom the notice was sent
before the Magistrates' Court as a civil debt
recoverable summarily.
21
S. 23(3)(b)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 24
S. 23(4)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
S. 23(5)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 3652 s. 22.
(4) Where after diligent inquiry the trustees are
unable to discover the whereabouts of any person
having for the time being the exclusive right of
burial or interment in the grave or vault
concerned, or where to the trustees there appears
to be no person having an exclusive right of burial
or interment in such grave or vault, the trustees
may with the consent of the Secretary repair such
grave or remove such monument or other erection.
(5) In this section any act which may be performed by
the trustees may be performed by an officer of the
trustees authorized on that behalf by the trustees
and the Secretary.
24. Trustees to fix position of monument etc.
The trustees of any such cemetery shall determine
and fix the position of any monument which is
proposed to be erected or placed according to the
description size and character thereof, having
reference to the general plan for ornamenting the
said cemetery in an appropriate manner.
No. 3652 s. 23.
S. 25
amended by
No. 8634
s. 6(a)(c).
S. 25(2)
inserted by
No. 8634
s. 6(b).
25. Monuments etc. to be kept up
(1) Any person digging or making any vault grave or
tombstone or erecting or placing any monument in
any such cemetery by and with such permission as
aforesaid and upon payment of the fees aforesaid
shall save as otherwise expressly provided in this
Act be entitled to have maintained and kept up
such vault grave monument or tombstone
according to the terms of such permission to and
for the sole and separate use of such person and
his representatives for ever.
(2) Where an exclusive right of burial or interment
has been in existence for more than 25 years and
has never been exercised and the person who is
for the time being the holder of such exclusive
right cannot after diligent inquiry by the trustees
22
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 26
be found, such exclusive right may be cancelled
by the trustees and from the date of the
cancellation no person shall be entitled to any
rights or privileges or subject to any liabilities in
respect thereof.
(3) At least 14 days before an exclusive right is
cancelled under sub-section (2) a notice of
intention so to do shall be published by the
trustees in a daily or weekly newspaper circulating
generally in the district concerned.
S. 25(3)
inserted by
No. 8634
s. 6(b).
(4) Where an exclusive right of burial or interment
has been cancelled pursuant to this section any
person who but for the cancellation would have
been the holder of such exclusive right may
request the trustees—
S. 25(4)
inserted by
No. 8634
s. 6(b).
(a) to refund any fees paid by him pursuant to
this Act in respect of such exclusive right; or
(b) to make an alternative site available to him—
and the trustees shall comply with such request.
(5) Any exclusive right of burial or interment
acquired after commencement of the Cemeteries
(Pioneer Memorial Parks) Act 1974 shall be
subject to the condition that that right is exercised
within 25 years after the acquisition thereof but
where the right is not so exercised the person who
was the holder thereof may, upon payment of the
relevant fees referred to in section 17, acquire a
further exclusive right under this Act in respect of
the place of burial concerned.
26. Private vaults protected
Before any corpse is permitted to be interred in
any vault brick grave or in any place of burial the
exclusive right of burial or interment wherein has
been sold or granted by the said trustees as a
family or private burial place, the said trustees or
any officer employed by them may inquire
23
S. 25(5)
inserted by
No. 8634
s. 6(b).
No. 3652 s. 24.
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 27
whether and they or he shall be entitled to have
produced to them or him satisfactory evidence that
the person for the time entitled as owner to the
exclusive right of burial or interment in such vault
brick grave or other burial place has consented or
would not object to such interment taking place
therein.
No. 3652 s. 25.
27. Power to relinquish right of burial
Any person having for the time being the
exclusive right of burial or interment as a family
or private burial place in any grave vault or place
of burial in any public cemetery on producing to
the trustees thereof satisfactory evidence of such
right and on either delivering up to them the
certificate or grant of such right or furnishing
satisfactory evidence of the loss or destruction of
such certificate or grant shall be entitled to have
such grant or certificate cancelled by such
trustees, and thenceforth such person shall
(notwithstanding anything contained in this Act)
be entitled to no rights or privileges whatever and
be subject to no liabilities penal or otherwise
under any law for the time being in force relating
to public cemeteries in respect of such vault grave
or other place.
S. 27A
inserted by
No. 9431 s. 7.
27A. Unauthorized payments
(1) A person shall not—
(a) pay or promise to pay or demand or receive;
or
(b) enter into any agreement or transaction or
arrangement under or by reason of or in
connexion with which he or any other person
is to receive—
any consideration in money or money's worth (not
being a fee or charge or other consideration
24
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 28
provided for by or under this Act) for or on
account of or in connexion with—
(c) the use;
(d) any consent by him or by any other person to
the use; and
(e) any failure by him or by any other person to
object to the use—
of any grave or vault in any public cemetery for
the burial or interment or other disposal of any
body or the cremated ashes of any body whether
the body is or is not the body of some specified or
identifiable person or is or is not the body of a
person then living.
(2) A person who contravenes any of the provisions
of this section shall be liable to a penalty of not
more than 50 penalty points.
28. Monuments etc. may be removed
S. 27A(2)
amended by
No. 7/1991
s. 9(d).
No. 3652 s. 26.
When any monument cenotaph tablet or other
erection has been erected or built contrary to the
terms and conditions upon which permission to
erect or construct the same was granted, or in case
such terms and conditions as well as the
regulations of the cemetery have not been
complied with the trustees may take down and
remove such monument cenotaph tablet or other
erection.
No. 3652 s. 27.
29. Mortuary church
Where the members of any religious
denomination desire at their own expense to erect
and build in any such cemetery a suitable
mortuary church or chapel for the performance of
the rites and ceremonies in the burial of the dead
according to the usages of such denomination if
the plans specifications elevations and models
thereof with lodges and other buildings and
25
S. 29
amended by
No. 8181
s. 2(1)(Sch.
item 19).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 30
conveniences thereto are first submitted for the
approval of the trustees of the said cemetery and
approved by them the said trustees may permit the
same to be erected and built within such part of
the said cemetery as is specially set apart for that
denomination.
No. 3652 s. 26.
30. Direction of moneys by Governor in Council
The Governor in Council may direct such sums of
money as he may think fit to be paid out of any
part of the public revenues of Victoria
appropriated or to be appropriated for the
establishment of cemeteries to the trustees of any
cemetery and to their successors in trust for the
establishment and management of such cemetery.
No. 3652 s. 29.
31. Money to be either lent or paid
The Governor in Council may either cause such
sum to be lent to such trustees to be repaid out of
the fees as herein mentioned; or when from the
situation of the cemetery or any other
circumstance it seems improbable that such fees
will be sufficient to defray any such loan he may
cause such sum to be paid to such trustees in trust
for the establishment and management of the
cemetery.
No. 3652 s. 30.
32. Security where money is lent
In case any sum is so lent as aforesaid the
Governor in Council may require such security
over the fees herein mentioned as is expedient; but
such security shall not involve any of the trustees
in any personal liability.
No. 3652 s. 31.
33. Trustees to keep account and abstract
The trustees of every cemetery shall keep a full
and particular account of all sums of money
received and expended by them, and an abstract of
such account made up from the day of their first
appointment to the thirty-first day of December in
26
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 34
the first year and from the first day of January to
the thirty-first day of December both inclusive in
each subsequent year.
34. Trustees to transmit the same to the Secretary
Each cemetery trust shall transmit such account
and abstract verified respectively by a statutory
declaration by three at least of the members of the
cemetery trust to the Secretary on or before the
first day of March in every year; and every such
abstract shall be published in the Government
Gazette.
No. 3652 s. 32.
S. 34
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 10262
s. 4, 21/1995
s. 10(c)(i)(ii),
46/1998
s. 7(Sch. 1).
No. 3652 s. 33.
35. Statement
The trustees of every cemetery shall send with
such account and abstract a statement of the
condition of such cemetery as to repairs order and
ornament, and a suggestion as to the alterations
necessary or expedient in the ensuing year in such
repairs order and ornament, and an estimate of the
expense which will probably be incurred in
effecting the same.
36. Governor in Council to direct appropriation of
moneys
The Governor in Council upon examination of the
said accounts statements suggestions and
estimates may direct the manner in which the
balance of moneys or any part thereof in the hands
of such trustees shall be appropriated; and shall if
any sum so lent or advanced as aforesaid is unpaid
determine the proportion (if any) to be applied in
payment of such sum and the amount to be
expended in the laying out or improvement of
such cemetery in the ensuing year.
27
No. 3652 s. 35.
S. 36
amended by
No. 6578 s. 3.
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 37
No. 3652 s. 35.
S. 37
amended by
Nos 6578
s. 4(a), 8181
s. 2(1)(Sch.
item 20), 9902
s. 2(1)(Sch.
item 9).
37. Directions to be published in Government Gazette
(1) Every such direction shall be published in the
Government Gazette, and thereupon the trustees
shall pay such proportion as aforesaid into the
Consolidated Fund; and if no such sum has been
lent or if lent has been paid off the balance (if any)
in the hands of the trustees—
(i) shall be expended in the improvement of
such cemetery and the interment of poor
persons; or
(ii) to the extent of which any such balance is
not required for such purposes or for
complying with any direction of the
Governor in Council with respect to the
appropriation or expenditure of such balance,
may be invested by the trustees in any
manner for the time being permitted by law
for the investment of trust funds and in
relation to the making of any such
investment and to any such investment when
made the trustees shall have the same powers
duties and immunities and be subject to the
same restrictions as if they were trustees
within the meaning of the Trustee Act 1958.
S. 37(2)
inserted by
No. 6578
s. 4(b).
(2) So long as any money is so invested the amount
thereof and the manner in which it is invested
shall be shown each year in the account and
abstract referred to in section thirty-three of this
Act and in giving any direction under this Act
with respect to the appropriation or expenditure of
moneys in the hands of the trustees the Governor
in Council may direct the money so invested or
any part thereof to be called in or any security in
which it is invested to be sold.
28
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 38
38. Penalty if trustee neglects
Every such trustee who omits to make and
transmit such account and abstract as aforesaid
shall for every such offence be liable to a penalty
of not more than 10 penalty units.
39. Trustees to prosecute for damage
No. 3652 s. 36.
S. 38
amended by
Nos 9431 s. 8,
7/1991 s. 9(e).
No. 3652 s. 37.
The trustees of every cemetery shall have power
to prosecute all persons who may at any time do
or cause to be done any damage to any building
monument tombstone shrubbery plantation or
enclosure of the said cemetery.
No. 3652 s. 38.
40. Malicious injury
Every person who wantonly or wilfully destroys
or does or causes to be done any damage to any
monument vault tombstone building erection
railing fence shrubbery tree shrub or plant in any
cemetery shall be guilty of an offence; and being
convicted thereof on a charge filed by the said
trustees or by any officer or servant employed by
them in the said cemetery or by any person to
whom the burial place belongs shall be liable for
every such offence to a penalty of not more than
20 penalty units or to imprisonment for a term of
not more than three months.
41. Injuries to monuments etc.
Every person who does or causes to be done any
injury to any monument vault tombstone building
erection railing shrubbery tree shrub or plant
whether the same is done wilfully or wantonly or
otherwise howsoever shall be liable to pay a
reasonable sum of money by way of damages and
compensation therefor; which said sum of money
shall be recoverable in any court of competent
jurisdiction by the trustees of the cemetery or any
person injured by such damage.
29
S. 40
amended by
Nos 9431 s. 9,
57/1989 s. 3
(Sch. item
20.3), 7/1991
s. 9(f).
No. 3652 s. 39.
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 42
No. 3652 s. 40.
S. 42
amended by
No. 57/1989
s. 3(Sch.
item 20.4).
No. 3652 s. 41.
42. Person committing offence may be seized and
detained
It shall be lawful for any trustee or for any officer
or servant of the trustees and for all such persons
as he calls to his assistance to seize and detain any
person who commits or is in the act of committing
an offence against this Act and whose name and
place of abode is unknown to such trustee officer
or servant and without other warrant or authority
than this Act to convey such person before a bail
justice or the Magistrates' Court to be dealt with
according to law.
43. Certain burial grounds
If at any time before the sixth day of September
One thousand eight hundred and sixty-seven any
land was set apart or used as a burial ground or
was conveyed to trustees for the purpose of the
interment of the dead, the Governor in Council
may by order direct that such land or any part
thereof shall subject to the trusts (if any) upon
which such land was conveyed be a cemetery
within the meaning of any law then in force
relating to public cemeteries, or shall be annexed
and united to any cemetery under such law, and
thereupon and subject to the trusts (if any)
aforesaid and subject with the limitations
hereinafter provided to all rights of exclusive
interment (if any) in such land acquired by
purchase or otherwise before the coming into
operation of such order the said land or part
thereof shall be a cemetery or a part of a cemetery
(as the case may be) within the meaning of such
law; and the trustees of such cemetery (if any) and
the trustees who are appointed for the united
cemetery (as the case may be) shall have the same
powers and be subject to all the same obligations
and liabilities and may be removed in like manner
as trustees of public cemeteries under such law:
30
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 44
Provided that no such order shall take effect until
three months' notice thereof has been given in the
Government Gazette.
44. Establishment and discontinuance of cemeteries
No. 3652 s. 42.
No cemetery or burial ground shall be established
or opened in Victoria save with the approval of
the Governor in Council; and in case it appears to
the Governor in Council that burials in any
cemetery under any law relating to public
cemeteries or in any other burial ground or place
of burial whatsoever should be wholly
discontinued, or should be discontinued subject to
any exception or qualification, the Governor in
Council may by an order to be published in the
Government Gazette direct that after a time to be
mentioned in such order not being less than three
months from the date thereof burials in such
cemetery or burial ground or place of burial shall
be discontinued wholly or subject to any
exceptions or qualifications mentioned in the
same or in any subsequent order and may from
time to time postpone the time mentioned in such
order for the discontinuance of burials or
otherwise vary any such order whether the time
appointed for the discontinuance of burials
thereunder or other operation of such order has or
has not arrived.
No. 3652 s. 43.
45. Penalty
Every person who after the time mentioned in any
such order, without the licence hereinafter
mentioned or contrary to any of the conditions or
restrictions thereof, buries any body or in anywise
acts or assists in or suffers or permits the burial of
any body in any cemetery burial ground or place
of burial (as the case may be) within the limits in
which burials have by any such order been
31
S. 45
amended by
Nos 9431
s. 10, 7/1991
s. 9(g).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 46
ordered to be discontinued shall be liable to a
penalty of not more than 20 penalty units.
No. 3652 s. 44.
S. 46
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 10262
s. 4, 46/1998
s. 7(Sch. 1).
S. 46A
inserted by
No. 60/1986
s. 4.
46. Saving of certain rights
Notwithstanding any such order where any
exclusive right of interment in any such cemetery
burial ground or place of burial has been
purchased or otherwise acquired before the time
aforesaid mentioned in such order the Secretary
may from time to time on application being made
to the Secretary and on being satisfied that the
exercise of such right will not be injurious to
health grant a licence for the exercise of such right
during such time and subject to such conditions
and restrictions as the Secretary thinks fit; but
such licence shall not prejudice or in anywise
affect the authority of any person who if the Act
No. 310 had not been passed might have
prohibited or controlled interments under such
right, nor dispense with any permission which
would have been required nor otherwise give to
such right any greater force or effect than the
same would have had if such Act had not been
passed: Provided that no such licence shall in any
case be granted unless within six months after the
time mentioned in any such order evidence of
such exclusive rights is submitted to and approved
of by the Secretary and the name of the person or
family entitled thereto is entered in a register to be
kept for that purpose in the office of the Secretary.
46A. Overlay grave sites at Melbourne General Cemetery
(1) A right of burial or interment granted in respect of
a lower strata site at the Melbourne General
Cemetery existing immediately before the relevant
date is, on that date, cancelled.
32
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 46A
(2) A right, benefit, privilege, obligation, duty or
liability with respect to a lower strata site existing
immediately before the relevant date is, on that
date, wholly extinguished and no claim, action or
suit may be commenced or enforced, on or after
that date, concerning a lower strata site.
(3) A right of burial or interment in an upper strata
site at the Melbourne General Cemetery existing
or purporting to exist immediately before the
relevant date and any exercise of such a right is,
on that date, validated and confers upon the holder
for the time being the right to exercise the right of
burial or interment in that site subject to and in
accordance with this Act, regulations under this
Act and any other law.
(4) If a right referred to in sub-section (3) existing or
purporting to exist immediately before the
relevant date cannot, in the opinion of The
Trustees of The Necropolis, Springvale, be
exercised or fully exercised at the Melbourne
General Cemetery—
(a) The Trustees of The Necropolis, Springvale,
must—
(i) provide to the holder for the time being
of the right a list of other cemeteries
chosen by the trustees, with the consent
of the trustees of the other cemeteries,
in which a right of burial may be given
to the holder in substitution for the
first-mentioned right; and
(ii) specify a date on or before which an
election may be made under paragraph
(b); and
33
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 46A
(b) the holder may, on or before that date, elect
to accept, in substitution for the firstmentioned right, a right of burial at one of
the cemeteries named in the list chosen by
the holder; and
(c) the trustees of the cemetery chosen by the
holder must grant to the holder for the time
of the first-mentioned right, a right of burial
at the cemetery; and
(d) upon the grant of the right referred to in
paragraph (c) or, if the holder has not made
an election under paragraph (b) before the
specified date, on that date, the firstmentioned right, insofar as it cannot, in the
opinion of The Trustees of The Necropolis,
Springvale, be exercised at the Melbourne
General Cemetery, is wholly extinguished
and no claim, action or suit concerning the
first-mentioned right, insofar as it is
extinguished, may be commenced or
enforced on or after the date of the grant or
the specified date, as the case may be.
(5) The trustees of the Melbourne General Cemetery
must not, on or after the relevant date, grant or
purport to grant a right of burial or interment in
respect of an upper strata site at the Melbourne
General Cemetery.
(6) In this section—
"book of plans" means the book of plans entitled
"Melbourne General Cemetery Overlay
Areas Plans" sealed by The Trustees of The
Necropolis, Springvale on 21 March 1986
and lodged in the Central Plan Office;
34
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 47
"lower strata site" means a grave or place of
burial located within an area delineated by a
coloured boundary on the plans numbered
1 to 25 in the book of plans;
"relevant date" means the date of
commencement of section 4 of the
Cemeteries (Amendment) Act 1986;
"upper strata site" means a grave or place of
burial located within an area delineated by a
coloured boundary on the plans numbered
T1 to T24 in the book of plans.
47. Burials prohibited except in cemeteries etc.
With the previous approval in writing of the
Secretary any person may bury in any private
ground or land specified by the Secretary the dead
body of any person or of any still-born child born
in Victoria. Except as aforesaid every person who
buries a dead body elsewhere than in a cemetery
shall be liable to a penalty of not more than
$2000.
No. 3652 s. 45.
S. 47
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 9431
s. 11, 10262
s. 4, 46/1998
s. 7(Sch. 1).
Nothing in this section shall be deemed to take
away or prejudicially affect any purchased or
acquired exclusive right of interment in any
cemetery burial ground or place of burial within
the meaning of sections forty-three to forty-six of
this Act.
No. 3652 s. 46.
48. Exhumation
(1) Except in pursuance of a warrant to exhume a
body for the purposes of an investigation or an
inquest as provided by the Coroners Act 1985 no
person shall remove any body or the remains of
any body interred in any cemetery burial ground
or place of burial—
35
S. 48(1)
amended by
No. 10257
s. 78(b).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 48
S. 48(1)(a)
substituted by
No. 7672
s. 2(1),
amended by
Nos 7/1991
s. 6(1)(a),
46/1998
s. 7(Sch. 1).
S. 48(1)(b)
substituted by
No. 7672
s. 2(1).
(a) without licence granted by the Secretary; or
(b) in the case of the holder of any such
licence—without observing the conditions of
the licence.
S. 48(2)
amended by
Nos 8907 s. 2,
9431 s. 12,
7/1991
s. 6(1)(b).
(2) Every person who acts in contravention of any of
the provisions of this section shall be liable to a
penalty of not more than 50 penalty units.
S. 48(3)
inserted by
No. 7672
s. 2(2),
amended by
Nos 7/1991
s. 6(1)(c),
46/1998
s. 7(Sch. 1).
(3) A licence under this section shall be subject to
such conditions as the Secretary thinks fit to
impose and are expressed or referred to in the
licence.
S. 48(4)
inserted by
No. 7672
s. 2(2),
substituted by
No. 8907
s. 3(a),
amended by
No. 7/1991
s. 6(1)(d).
(4) The prescribed fee shall be paid for a licence
under this section.
S. 48(5)
inserted by
No. 7/1991
s. 6(2).
(5) This section does not apply to the removal of
cremated remains by the trustees of a cemetery.
36
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 49
49. Governor in Council may make certain regulations
The Governor in Council may from time to time
make such regulations in relation to all or any
cemeteries burial grounds or places of burial as to
him seem proper for the protection of the public
health and the maintenance of public decency and
for prescribing the construction of any class or
classes of vaults, and may impose such penalty
not exceeding 20 penalty units to be recovered
before the Magistrates' Court for the breach of any
such regulation as to the Governor in Council
seems fit. The trustees and all persons having the
care of such cemeteries burial grounds and places
of burial shall conform to and obey and enforce
such regulations.
50. Inspection of cemeteries
The Secretary may from time to time appoint and
authorize any person to inspect any cemetery
burial ground or place of burial and ascertain the
state and condition thereof, and where regulations
in relation thereto have been made as in the last
preceding section mentioned to ascertain whether
such regulations have been observed and
complied with; and every trustee or other person
having the care of any such cemetery or burial
ground or place of burial subject to such
regulations as aforesaid who violates or neglects
or fails to conform to or obey or to enforce any
such regulation shall be liable to a penalty of not
more than 10 penalty units.
37
No. 3652 s. 47.
S. 49
amended by
Nos 9431
s. 13(a)(b),
57/1989
s. 3(Sch.
item 20.5),
7/1991 s. 9(h).
Nos 3652
s. 48, 4988
s. 14(a).
S. 50
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 9431
s. 14, 10262
s. 4, 7/1991
s. 9(i), 46/1998
s. 7(Sch. 1).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 50A
S. 50A
inserted by
No. 7/1991
s. 7.
S. 50A(1)
amended by
No. 46/1998
s. 7(Sch. 1).
50A. Exemptions
(1) The Secretary may in writing exempt any person,
place or thing or class of persons, places or things
from any regulations made by the Governor in
Council under section 49 and may impose
conditions on any exemption.
(2) A person to whom an exemption applies must
comply with any conditions imposed on that
exemption.
Penalty: 20 penalty units.
S. 50A(3)
amended by
No. 46/1998
s. 7(Sch. 1).
No. 3652 s. 49.
(3) The Secretary must include details of any
exemption granted under this section and the
reasons for the exemption in the report under the
Annual Reporting Act 1983 relating to the
financial year in which the exemption is granted.
51. Register of burials
All burials within any cemetery under any law for
the time being in force relating to public
cemeteries shall be registered in a book to be
provided and kept by the trustees for that purpose,
and in such register-book shall be distinguished in
what parts of the cemetery the several bodies are
buried; and such register-book shall be indexed so
as to facilitate searches for entries therein; and
every book and document purporting to be such
register-book or a copy or an extract therefrom
shall be received in all courts as evidence of the
burials entered therein.
No. 3652 s. 50.
S. 52
amended by
No. 57/1989
s. 3(Sch. item
20.6(a)(b)).
52. Burial of poor persons
The trustees of any cemetery under any law for
the time being in force relating to public
cemeteries may and upon an order signed by a
magistrate shall permit any poor person to be
38
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 53
buried in such cemetery free of any charge
whatsoever; and if such person is known or
believed to have belonged to any particular
religious denomination he shall be buried in the
portion of the cemetery (if any) set apart for such
denomination: Provided nevertheless and it is
hereby directed that every magistrate before
signing any such order shall satisfy himself that
such person died without sufficient means to pay
burial expenses and that his relatives and friends
are unable to pay the charge.
53. Appropriation of penalties
(1) One moiety of the money arising from any penalty
or forfeiture imposed by this Act (not being a fine
or sum or penalty under sections forty-seven
forty-eight forty-nine or fifty hereof) when
recovered shall be paid to the trustees of the
cemetery in respect whereof such penalty or
forfeiture has been imposed for the uses of such
cemetery; and the other moiety to the use of the
informant.
Nos 3652
s. 51, 4191 s.
2.
(2) No proceeding in pursuance of this Act shall be
quashed for want of form or be removed by
certiorari or other process into the Supreme or any
other court.
54. Inquiry and certificate by the Minister
When with regard to any existing public cemetery
the Minister after inquiry is satisfied—
(a) that the lands held by the trustees of the
cemetery (hereinafter in this Part referred to
as "the said trustees") are insufficient for the
purpose for which the cemetery is
established;
39
No. 3892 s. 2.
S. 54
amended by
Nos 121/1986
s. 112, 75/1994
s. 11(a).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 56
(b) that the said trustees desire that other land in
the vicinity of the cemetery should be
purchased or compulsorily acquired as
hereinafter provided and granted to the
trustees in trust for the establishment or
purpose of a public cemetery to be managed
by them in conjunction with the firstmentioned cemetery;
S. 54(b)
amended by
No. 121/1986
s. 112.
S. 54(c)
amended by
Nos 121/1986
s. 112, 74/2000
s. 3(Sch. 1
item 16).
(c) that there is in the hands of the said trustees a
sufficient balance of moneys referred to in
section thirty-six of this Act to provide for
the purchase and compulsory acquisition of
such land and the establishment of a public
cemetery thereon; and
S. 54(d)
amended by
No. 121/1986
s. 112.
(d) that it is necessary or desirable that such land
should be purchased or compulsorily
acquired as hereinafter provided—
the Minister may purchase or compulsorily
acquire the land.
S. 55
amended by
No. 7228 s. 7
(Sch. 4 Pt 3),
substituted by
No. 121/1986
s. 112,
repealed by
No. 75/1994
s. 11(b).
No. 3892 s. 4.
S. 56
amended by
No. 7228 s. 7
(Sch. 4 Pt 3),
substituted by
No. 121/1986
s. 112.
S. 56(b)
amended by
No. 75/1994
s. 11(c).
*
*
*
*
*
56. Land Acquisition and Compensation Act 1986 to
apply
The Land Acquisition and Compensation Act
1986 applies to this Act and for that purpose—
(a) the Cemeteries Act 1958 is the special Act;
and
(b) the Minister is the Authority.
40
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 57
57. Moneys to be provided by trustees of the cemetery
Notwithstanding anything to the contrary in this
Act all moneys required for or in connexion with
the purchase or compulsory acquisition of such
land shall be provided by the said trustees out of
any balance of moneys hereinbefore referred to.
58. Divesting of land and vesting in the Crown
Notwithstanding anything to the contrary in any
Act or any Crown grant conveyance or other
document or any trust, after any land has been
purchased by the Minister for the purposes of this
Act—
No. 3892 s. 5.
S. 57
amended by
Nos 121/1986
s. 112, 75/1994
s. 11(d).
No. 3892 s. 6.
S. 58
amended by
Nos 7228 s. 7
(Sch. 4 Pt 3),
121/1986
s. 112, 75/1994
s. 11(c).
(a) such land so far as it is vested in any person
shall cease to be so vested;
(b) all the estate and interest of any person
whomsoever in such land shall cease and
determine; and
(c) by virtue only of this Act and without any
conveyance or transfer such land vests in the
Crown freed and discharged from any trusts
charges limitations and restrictions
whatsoever and shall be and be deemed to be
and may be dealt with as unalienated land of
the Crown.
58A. Land acquired compulsorily to vest in Crown
Any land acquired compulsorily under this Act by
the Minister—
(a) vests in the Crown under section 24 of the
Land Acquisition and Compensation Act
1986 despite anything to the contrary in that
section; and
(b) may be dealt with as unalienated land of the
Crown.
41
S. 58(c)
amended by
No. 121/1986
s. 112.
S. 58A
inserted by
No. 121/1986
s. 112,
amended by
No. 75/1994
s. 11(c).
Cemeteries Act 1958
Act No. 6217/1958
Part I—Cemeteries etc.
s. 59
No. 3892 s. 7.
S. 59
amended by
Nos 7228 s. 7
(Sch. 4 Pt 3),
121/1986
s. 112, 18/1989
s. 13(Sch. 2
item 13),
75/1994
s. 11(c),
substituted by
No. 85/1998
s. 24(Sch.
item 9).
No. 3892 s. 8.
S. 60
amended by
No. 121/1986
s. 112.
S. 60(a)
amended by
No. 9212
s. 2(2).
59. Registrar of Titles to amend Register.
The Registrar of Titles, on receipt of a notice from
the Minister that land has been purchased in
accordance with this Act, must make any
recordings in or amendments to the Register that
are necessary for the purposes of this Act and the
holder of any relevant certificate of title must if
requested to do so deliver it to the Registrar of
Titles.
60. Reservation of lands and vesting in trustees of
cemetery
Any land vested in the Crown pursuant to this
Act—
(a) may in accordance with the Crown Land
(Reserves) Act 1978 be permanently
reserved as a site for a public cemetery;
(b) upon such terms (if any) and subject to such
covenants conditions exceptions and
reservations as the Governor in Council
thinks fit may be granted by the Governor in
Council to the said trustees in trust for the
establishment or purpose of a public
cemetery; and
(c) shall be held by the said trustees for the
establishment or purpose of a public
cemetery which shall be managed by them in
conjunction with the existing public
cemetery in all respects as if it formed part
thereof.
_______________
42
Cemeteries Act 1958
Act No. 6217/1958
Part IA—Pioneer Memorial Parks
s. 60A
PART IA—PIONEER MEMORIAL PARKS
60A. Pioneer memorial park
In this Part "pioneer memorial park" means a
closed cemetery or part of a cemetery which by
removal of monuments tombstones and other
erections and grassing over of the area is
converted to parkland.
60B. Authority to establish pioneer memorial parks
Pt 1A
(Heading and
ss 60A–60C)
inserted by
No. 8634 s. 2.
S. 60A
inserted by
No. 8634 s. 2.
S. 60B
inserted by
No. 8634 s. 2.
(1) The trustees of a cemetery specified in the Fourth
Schedule who desire to convert to a pioneer
memorial park the whole or any part of the
cemetery may submit a proposal to this effect
together with a plan of all plots in the area
concerned to the Secretary.
S. 60B(1)
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 10262
s. 4, 46/1998
s. 7(Sch. 1).
(2) Where the Secretary after consideration of any
such proposal is satisfied that it is both desirable
and practical the Secretary may recommend to the
Minister that the trustees be authorized to proceed
accordingly.
S. 60B(2)
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 10262
s. 4, 46/1998
s. 7(Sch. 1).
(3) The Minister after consideration of a
recommendation under sub-section (2) may in
writing authorize the trustees of the cemetery
concerned to establish a pioneer memorial park
subject to any conditions he sees fit to impose in
relation to—
43
Cemeteries Act 1958
Act No. 6217/1958
Part IA—Pioneer Memorial Parks
s. 60C
(a) the disposition of any monuments
tombstones or other erections in the
cemetery or part of the cemetery concerned;
(b) the maintenance of the grass area that will
cover any grave vault or place of burial; and
(c) any other matters he thinks necessary or
expedient to provide for in the public
interest.
(4) Where an authority has been granted under subsection (3) in respect of the whole or any part of
the cemetery no further burial shall be permitted
in the area concerned.
S. 60C
inserted by
No. 8634 s. 2.
60C. Power to trustees to remove monuments etc.
S. 60C(1)
amended by
Nos 10262
s. 4, 46/1998
s. 7(Sch. 1).
(1) The trustees of the cemetery who have been
authorized to convert the cemetery or part thereof
to a pioneer memorial park may subject to the
written authority of the Minister and with the
consent of the Secretary, remove any monument
tombstone or other erection in the area concerned.
S. 60C(2)
amended by
Nos 10262
s. 4, 7/1991
s. 8, 46/1998
s. 7(Sch. 1),
12/1999
s. 4(Sch. 2
item 2.2).
(2) The Secretary shall not consent to any removal
under sub-section (1) unless the Secretary is
satisfied that the trustees have published notice of
intention to remove the same at least twice in each
of three daily or weekly newspapers circulating in
the district concerned not less than three months
before the application for the Secretary's consent
was lodged and—
(a) have obtained consent to the removal from
the person who but for this Part would have
held the exclusive right of burial or interment
in the grave or vault concerned; or
(b) despite diligent inquiry have been unable to
find such person.
_______________
44
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 61
PART II—CREMATION
61. This Part not to apply to certain cemeteries
This Part shall have no application except with the
consent of the Governor in Council to the
Melbourne General Cemetery or the St. Kilda
Public Cemetery or the Boroondara Public
Cemetery or the old Ballarat Cemetery or the
trustees of any of the said cemeteries, and the
powers and obligations of such trustees shall
continue as if this Part had not passed.
Nos 3652
s. 52, 5052
s. 4.
No. 3652 s. 53.
62. Definitions
In this Part—
(a) "cemetery" means public cemetery;
(b) "cremation" or "cremated" means the
burning or having been burnt to ashes of the
body of a deceased person in a crematorium
constructed so as to prevent the escape of
any noxious gases or exhalations; and
(c) "crematorium" or "crematoria" means
any building or buildings fitted with
appliances for the purpose of burning human
remains and includes everything incidental
or ancillary thereto.
63. Trustees of cemeteries may provide for cremation
Except as otherwise expressly provided Part I of
this Act shall be read and construed as if power to
provide for the cremation of the dead were added
to the powers conferred on the trustees of any
cemetery by section seven and as if the words "or
cremation" followed the word "burial" wherever it
occurs in the said section.
45
No. 3652 s. 54.
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 64
No. 3652 s. 55.
S. 64(1)(2)
repealed by
No. 21/1995
s. 10(d).
64. Trustees may be appointed for cemeteries for
cremation
*
*
*
*
*
(3) Where any such balance of moneys as is referred
to in section thirty-six of this Act is in the hands
of any trustees the Governor in Council may
direct that any part thereof be paid by such
trustees to any trustees appointed under this Part
to be applied by them for the purpose of
constructing or maintaining a crematorium.
No. 3652 s. 56.
65. Power of cemetery trustees extended to cremations
The powers conferred by Part I of this Act on the
trustees of any cemetery to make rules and
regulations and to do and perform and cause to be
done and performed all acts matters and things
necessary and proper for any of the purposes set
forth in section seven of this Act shall be extended
to confer on such trustees power to provide
manage and maintain crematoria and to provide
for the disposal of the ashes of cremated bodies
subject to any regulations of the Governor in
Council made pursuant to the provisions of Part I
as by this Part extended.
No. 3652 s. 57.
S. 66
amended by
S.R. No.
243/1974
reg. 2(a)(b).
66. Site of crematorium
No crematorium shall be constructed nearer to any
dwelling-house than two hundred metres except
with the consent in writing of the owner lessee
and occupier of such house nor within fifty metres
of any public highway road or street nor in the
part of any cemetery set apart for any particular
religious denomination.
46
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 67
67. Donations for crematorium
The trustees of a cemetery may accept a donation
of money for enabling them to acquire construct
and maintain a crematorium, and may with the
consent of the Secretary accept a donation of land
for the same purpose.
68. Notice of intention to erect crematorium to be
published
No. 3652 s. 58.
S. 67
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 3652 s. 59.
Before the construction of a crematorium for any
cemetery notice of the intention of the trustees to
erect a crematorium shall be published in the
Government Gazette and in a newspaper generally
circulating in the neighbourhood of such cemetery
for at least one month.
No. 3652 s. 60.
69. Fees for cremation
The trustees of any cemetery may from time to
time with the consent of the Governor in Council
make and publish in the Government Gazette a
scale of fees payable for cremation and for the
preservation or disposition of the ashes of
cremated bodies.
70. Discontinuance of cremation
The power given to the Governor in Council by
section forty-four of this Act to direct the
discontinuance of burials in any cemetery or
burial ground or place of burial after a time
mentioned in any such order shall extend to and
include power to direct the discontinuance of
cremation therein or in any crematorium and the
penalties attached by section forty-five to burying
any body after any such order of discontinuance
shall extend and apply to cremation in any such
cemetery burial ground or place of burial or in any
crematorium after the time mentioned in such
order.
47
No. 3652 s. 61.
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 71
No. 3652 s. 62.
71. Application of sections 49 and 50
Except as otherwise expressly provided sections
forty-nine and fifty of this Act shall be read and
construed as if after the words "places of burial"
or "place of burial" wherever they occur there
were inserted the words "or cremation".
No. 3652 s. 63.
72. Regulations as to management inspection etc.
Pursuant to the provisions of Part I the Governor
in Council may make regulations as to the
maintenance management and inspection of
crematoria and prescribing in what cases and
under what conditions the burning of any human
remains may take place and directing the
disposition or interment of the ashes and
prescribing the form of register-book for the
registration of cremations.
No. 3652 s. 64.
73. Register of cremations
All cremations effected within any cemetery shall
be registered in a register-book in the prescribed
form to be provided and kept by the trustees of the
cemetery, and such register-book shall be indexed
so as to facilitate searches for entries therein; and
every book and document purporting to be such
register-book or a copy or extract therefrom shall
be received in all courts as evidence of the
cremations entered therein. All statutory
provisions relating to the destruction or
falsification of registers of burials shall extend and
apply to any register-book under this Part as if it
were a register of burials.
48
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 74
74. Persons conducting cremation to send certificate of
cremation to Registrar
The person who has the charge or conduct of a
cremation shall forthwith cause to be transmitted
to the Registrar of Births, Deaths and Marriages a
certificate signed by him stating the name of the
person whose body was cremated and the date and
place of cremation and where practicable the
names of the persons related to the deceased
present at the cremation and the name of the
minister officiating at any religious ceremony
upon such cremation; and the date and place of
such cremation shall be entered in the registration
of the death of such person. Every person who
omits to cause such a certificate to be transmitted
or to enter the date and place of cremation as
aforesaid shall be guilty of an offence and shall be
liable to a penalty of not more than 10 penalty
units.
75. Bodies of prisoners may be cremated
No. 3652 s. 65.
S. 74
amended by
Nos 9431
s. 15, 10244
s. 10, 7/1991
s. 9(j), 43/1996
s. 65(Sch.
item 2.3).
No. 3652 s. 66.
Notwithstanding any law or usage to the contrary
it shall be lawful to cremate the body of any
prisoner dying in gaol whose consent has been
given in writing where the right or duty of
disposing of such body devolves upon the gaol
authorities.
76. Consent required for cremation
(1) Except where the contrary is expressly enacted no
corpse shall be cremated or otherwise destroyed
by fire in any public cemetery until permission to
cremate such corpse has been signed by an officer
of the trustees of such cemetery.
49
S. 76
substituted by
No. 6530
s. 2(1).
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 77
(2) Any such officer shall on signing or refusing to
sign such permission comply with such
regulations as are made by the Governor in
Council and also with such general or special
directions as are given by the trustees.
S. 77
substituted by
No. 6530
s. 2(1).
77. As to condition for consent
(1) No such officer shall give his permission for the
cremation of a corpse until he has received—
(a) an application in the form of Second
Schedule to this Act; and
(b) a duly completed document—
(i) in the form of the Third Schedule to
this Act; or
S. 77(1)(b)(ii)
substituted by
Nos 6564
s. 2(1), 10257
s. 78(c).
(ii) in the form prescribed under section 23
of the Coroners Act 1985 certifying
that cremation is permitted; or
S. 77(1)(b)(iii)
amended by
No. 21/1995
s. 14.
(iii) where the deceased died in any other
State of the Commonwealth, in the
form of an authority to cremate under
the hand of the Coroner or other person
permitted by the law of that State to
authorize cremation; or
S. 77(1)(b)(iv)
inserted by
No. 21/1995
s. 14,
amended by
No. 46/1998
s. 7(Sch. 1).
(iv) authorising the cremation signed by the
Secretary.
(2) If it shall appear from the said application that the
deceased either in writing at any time or orally in
the presence of two or more witnesses during his
last illness has expressly or impliedly requested
that his corpse be not cremated such officer shall
not give his permission for the cremation of the
corpse.
50
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 77
(3) Part A of the Third Schedule to this Act shall be
completed and signed by a registered medical
practitioner who has signed the notice as required
under section 37(2) of the Births, Deaths and
Marriages Registration Act 1996 in relation to
the deceased.
(4) Part B of the Third Schedule to this Act shall be
completed and signed by a registered medical
practitioner who has not personally attended the
deceased and who has been licensed by the
Minister to give such certificates.
*
*
*
*
*
S. 77(3)
amended by
Nos 10257
s. 78(d),
23/1994 s. 118
(Sch. 1 item
7.3), 43/1996
s. 65(Sch.
item 2.4).
S. 77(4)
amended by
No. 23/1994
s. 118(Sch. 1
item 7.3).
S. 77(5)
repealed by
No. 10257
s. 78(e).
(6) A certificate in the form of Part B of the Third
Schedule shall not be completed by a licensed
registered medical practitioner unless Part A has
previously been duly completed and unless any
application for cremation in the form or to the
effect of the Second Schedule has previously been
duly completed.
S. 77(6)
amended by
No. 23/1994
s. 118(Sch. 1
item 7.4).
(7) Where any licensed registered medical
practitioner declines to complete Part B of a
certificate in the form of the Third Schedule he
shall clearly endorse on Part A that he has
declined to complete such certificate and in any
such case no cremation shall be permitted without
the order of a coroner under the Coroners Act
1985.
S. 77(7)
amended by
Nos 10257
s. 78(f),
23/1994
s. 118(Sch. 1
item 7.4).
51
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 78
S. 78
substituted by
No. 6530
s. 2(1).
S. 78(1)
amended by
No. 23/1994
s. 118(Sch. 1
item 7.5).
78. Power to Governor in Council to license medical
practitioners
(1) The Minister may at any time grant a licence to
any registered medical practitioner authorizing
such practitioner to sign certificates for cremation
in the form of Part B of the Third Schedule to this
Act and may at any time revoke any such licence.
(2) Any such licence shall be for such period not
exceeding three years as the Minister determines
but on the expiration of any such licence it may be
renewed.
No. 3652 s. 70.
S. 79
amended by
Nos 9023
s. 40(Sch. 1
Pt A item 4(a))
(as amended
by No. 9052
s. 7), 10262
s. 4, 46/1998
s. 7(Sch. 1).
No. 3652 s. 71.
S. 80
amended by
Nos 9431
s. 16, 9576
s. 11(1),
7/1991 s. 9(k).
79. Consent of Secretary necessary to cremation outside
cemetery
Save as hereinbefore provided in this Part no
human remains shall be cremated or destroyed by
fire in any place outside a cemetery without the
consent of the Secretary.
80. Penalty on cremation without permission
Every person who cremates or destroys by fire or
assists in the cremation or the destruction by fire
of any corpse in any cemetery or in any other
place without the permission or consent
hereinbefore provided for shall be guilty of an
indictable offence and being convicted thereof
shall be liable at the discretion of the court to a
penalty of not more than 50 penalty units or to
imprisonment for a term of not more than five
years.
52
Cemeteries Act 1958
Act No. 6217/1958
Part II—Cremation
s. 81
81. False statement in certificate or use of false
certificate a felony
Every person who wilfully makes any false
statement in any certificate or application signed
by him for the purposes of this Part or for the
purpose of obtaining such certificate or who
makes use of any such certificate knowing any
statements therein to be false or who forges any
such certificate or uses any such certificate known
by him to be forged shall be guilty of an indictable
offence and being convicted thereof shall be liable
to imprisonment for a term of not more than ten
years.
_______________
53
No. 3652 s. 72.
S. 81
amended by
Nos 6530
s. 2(2), 9431
s. 17, 9576
s. 11(1).
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 82
PART III—NEW METROPOLITAN CEMETERIES
Division 1—The Necropolis, Spring Vale
No. 3652 s. 73.
82. Incorporation of trustees
(1) The persons who for the time being are the
trustees of the cemetery known as The Necropolis,
Spring Vale, shall be and shall from the sixth day
of March One thousand nine hundred and one be
deemed to have been a body corporate by the
name of "The Trustees of The Necropolis, Spring
Vale," and by that name such body corporate shall
have perpetual succession and a common seal and
be capable in law of suing and being sued and
shall have power to hold lands tenements and
hereditaments goods and chattels and other
property for any of the purposes of this Act.
(2) The present trustees shall be the trustees as if
appointed under this Act. All trustees on
retirement shall be eligible for re-appointment by
the Governor in Council.
No. 3652 s. 74.
83. Limit on number of trustees
The number of trustees of the said cemetery shall
not at any time exceed nine. The Governor in
Council may from time to time appoint trustees
and may at any time remove such trustees.
No. 3652 s. 75.
84. Trustees not personally liable
Notwithstanding anything contained in section
nine of the Spring Vale General Cemetery
Railway Act 1901 or in any guarantee given to
the Victorian Railways Commissioners by or on
behalf of one or more of the trustees for The
Necropolis, Spring Vale, and their successors it is
hereby declared that such trustees or any of them
or their successors shall not be or be deemed to be
54
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 85
or to have been personally liable to the said
Commissioners for any payment assured by any
such guarantee but The Trustees of The
Necropolis, Spring Vale, incorporated as aforesaid
shall be subject to the obligations of any such
guarantee.
No. 3652 s. 77.
85. Attendance fees
(1) The chairman shall be entitled to an allowance at
the rate of $200 per annum and the chairman and
members shall be entitled to a fee of $10.50 for
attendance at each meeting of the trustees at
which a quorum is present.
S. 85(1)
substituted by
No. 6624
s. 3(a).
(2) Such fees shall be paid out of the sums of money
received by the said trustees from the said
cemetery.
S. 85(3)
substituted by
No. 6624
s. 3(b).
(3) No trustee shall be paid more than $126 for
attendance fees in any one financial year.
*
*
*
*
*
85A. Trustees of St Kilda Public Cemetery
(1) On a day to be fixed by the Governor in Council
by proclamation published in the Government
Gazette the trustees for the time being of the St.
Kilda Public Cemetery shall go out of office as
such trustees and thereupon The Trustees of The
Necropolis, Spring Vale, shall become and be the
trustees of the St. Kilda Public Cemetery.
(2) The duties of the said Trustees as the trustees of
the St. Kilda Public Cemetery shall be in addition
to and shall not in any way derogate from their
duties as Trustees of The Necropolis, Spring Vale,
but the said Trustees shall administer both
55
S. 85(4)
repealed by
No. 8181
s. 2(1)(Sch.
item 21).
S. 85A
inserted by
No. 7638 s. 2.
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 85B
cemeteries in all respects as if they were different
parts of The Necropolis, Spring Vale, and the
property, funds, and income of The Necropolis,
Spring Vale, may be expended by The Trustees of
The Necropolis, Spring Vale, towards the costs of
preserving and maintaining the St. Kilda Public
Cemetery.
S. 85B
inserted by
No. 9276 s. 2.
85B. Trustees of Melbourne General Cemetery
(1) On a day to be fixed by the Governor in Council
by proclamation published in the Government
Gazette the trustees for the time being of the
Melbourne General Cemetery shall go out of
office as such trustees and thereupon the trustees
of The Necropolis, Spring Vale, shall become and
be the trustees of the Melbourne General
Cemetery.
(2) The duties of the said trustees as the trustees of
the Melbourne General Cemetery shall be in
addition to and shall not in any way derogate from
their duties as trustees of The Necropolis, Spring
Vale, but the said trustees shall administer both
cemeteries in all respects as if they were different
parts of The Necropolis, Spring Vale, and the
property, funds, and income of The Necropolis,
Spring Vale, may be expended by the trustees of
the Necropolis, Spring Vale, towards the costs of
preserving and maintaining the Melbourne
General Cemetery and the property, funds, and
income of the Melbourne General Cemetery may
be expended by the trustees of the Melbourne
General Cemetery towards the costs of preserving
and maintaining the Necropolis, Spring Vale.
S. 85C
inserted by
No. 60/1986
s. 5,
repealed by
No. 21/1995
s. 10(d).
*
*
*
56
*
*
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 86
Division 2—Fawkner Crematorium and Memorial Park
86. New Melbourne Cemetery to become Fawkner
Crematorium and Memorial Park
(1) On a day to be fixed by the Governor in Council
by proclamation published in the Government
Gazette hereinafter in this Division referred to as
"the appointed day"—
(a) the trustees and the managers of the New
Melbourne Cemetery shall go out of office;
(b) the New Melbourne Cemetery shall become
and be known as the Fawkner Crematorium
and Memorial Park and the site thereof shall,
without any further or other authority than
this section, be deemed to be Crown land
notified by the Governor in Council by
notice published in the Government Gazette
under section 14 of the Land Act 1958 to be
permanently reserved from sale or from
being leased or from having a licence
granted in respect thereof as being land
required in the opinion of the Governor in
Council for a place for the interment of the
dead2; and
(c) trustees appointed by the Governor in
Council under section 3 shall take office as
the trustees of the Fawkner Crematorium and
Memorial Park and thereupon, all property
(except the site), rights, duties, functions,
and obligations formerly vested in the
trustees or the managers of the New
Melbourne Cemetery shall vest in the
trustees so appointed.
57
Pt 3 Div. 2
(Heading and
ss 86, 87)
substituted by
No. 8116 s. 3.
S. 86
substituted by
No. 8116 s. 3.
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 86
(2) Between the passing of the Cemeteries (Fawkner
Crematorium and Memorial Park) Act 1971
and the appointed day the trustees and the
managers of the New Melbourne Cemetery shall
administer the New Melbourne Cemetery and the
Coburg Public Cemetery in all respects as if the
Cemeteries (Fawkner Crematorium and
Memorial Park) Act 1971 had not been passed
and the trustees shall surrender to the Registrar of
Titles all Crown grants, certificates of title, or
other documents of title in their possession or
under their control with respect to the site of the
New Melbourne Cemetery.
(3) The Registrar of Titles is hereby authorized and
directed to make all such cancellations of or
entries or endorsements on any Crown grant,
certificate of title, or other document of title or
any duplicate thereof produced to him as are
necessary or expedient in consequence of this Act
and thereupon the site of the New Melbourne
Cemetery shall be deemed to be unalienated
Crown land.
S. 87
substituted by
No. 8116 s. 3,
repealed by
No. 21/1995
s. 10(d).
*
*
*
*
*
S. 87A
inserted by
No. 7972 s. 3,
repealed by
No. 8116 s. 3,
new s. 87A
inserted by
No. 60/1986
s. 6,
repealed by
No. 21/1995
s. 10(d).
*
*
*
*
*
58
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 88
Division 3—General
No. 3652 s. 81.
88. Definition
In this Division the expression "New
Metropolitan Cemetery" means:
(a) The Necropolis, Spring Vale;
(b) Fawkner Crematorium and Memorial Park;
S. 88(b)
substituted by
No. 8116 s. 4.
(c) Any other cemetery which at any time the
Governor in Council may by order published
in the Government Gazette declare to be a
New Metropolitan Cemetery within the
meaning of this Division.
89. Purchase of stock by Melbourne General Cemetery
and Boroondara Public Cemetery
(1) In order to enable the Governor in Council to
make advances under this Division as hereinafter
provided the trustees of the Melbourne General
Cemetery and the Boroondara Public Cemetery
shall respectively out of any moneys in their
hands or under their control purchase at par from
the Treasurer Victorian Government Stock to the
extent of $20 000 or such greater amount as the
Governor in Council may from time to time
determine with regard to either of the said
cemeteries.
(2) For the purposes of this section stock purchased
and the proceeds of stock purchased by the
trustees of the said cemeteries respectively in
pursuance of the Cemeteries Act 1909 shall be
treated as if such stock were purchased under this
section.
59
No. 3652 s. 82.
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 90
S. 89(3)
amended by
No. 9902
s. 2(1)(Sch.
item 9).
(3) The Governor in Council may from time to time
increase the amount of stock known as the
Victorian Government Stock by an additional
amount not exceeding in the whole the sum from
time to time required under this Division to be
invested in Victorian Government Stock all of
which stock together with interest thereon at the
rate of Three and a half per centum per annum
shall be charged upon the Consolidated Fund.
(4) No such stock shall be sold or transferred by the
trustees of either of the said cemeteries without
the approval of the Governor in Council.
(5) The proceeds arising from the sale by the
Treasurer of such stock shall be paid into the
account called the Cemeteries Trust Fund to be
kept in the Treasury and all moneys therein shall
be available only for the purpose of the making of
advances under this Division.
No. 3652 s. 83.
90. Purposes for which advances to be made
The Governor in Council may from time to time at
such rate of interest and on such terms and
conditions as he thinks fit advance out of the said
fund to the trustees of any New Metropolitan
Cemetery such sum or sums of money by way of
loan as are necessary in order to aid the trustees of
each such cemetery in establishing and managing
the same and to enclose any land vested in such
trustees with proper and sufficient walls rails
fences or palisades and to erect suitable gates and
entrances and to lay out and ornament such
cemetery in such a manner as is most convenient
and suitable for the burial or cremation of the
dead, and to embellish the said land with such
walks avenues roads and shrubs as may to them
seem fitting and proper.
No. 3652 s. 84.
60
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 91
91. Trustees empowered to obtain advance
It shall be competent for the trustees of any New
Metropolitan Cemetery to receive from the
Governor in Council an advance by way of loan
and to enter into any agreement and undertaking
to repay the same to the Treasurer with interest.
No. 4006 s. 3.
92. Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) prescribing forms for the purposes of this
Act;
S. 92(1)
substituted by
No. 8907
s. 3(b).
(b) prescribing fees for the purposes of this Act;
and
(c) generally prescribing any matter or thing
authorized or required to be prescribed under
this Act.
(2) All forms so prescribed or forms to the like effect
shall be sufficient in law.
*
*
*
*
*
93. Regulations as to hours and wages of employés
Regulations may be agreed to by the Governor in
Council declaring what hours shall be worked by
the employés of any such trustees and what wages
shall be paid to any employé in any New
Metropolitan Cemetery. For the purposes of this
section any person employed by a contractor for
work in any such cemetery shall be considered as
an employé of the trustees of any such cemetery.
61
S. 92(3)
repealed by
No. 6886 s. 3.
No. 3652 s. 85.
Cemeteries Act 1958
Act No. 6217/1958
Part III—New Metropolitan Cemeteries
s. 94
No. 3652 s. 86.
94. Application of Parts I and II
Save as is otherwise provided in this Part the
provisions of Parts I and II of this Act shall apply
to any New Metropolitan Cemetery.
__________________
62
Cemeteries Act 1958
Act No. 6217/1958
Sch. 1
SCHEDULES
*
*
*
_______________
63
*
*
Sch. 1
repealed by
No. 21/1995
s. 29(2).
Cemeteries Act 1958
Act No. 6217/1958
Sch. 2
Sch. 2
substituted by
No. 6530 s. 3,
amended by
No. 23/1994
s. 118(Sch. 1
item 7.6).
SECOND SCHEDULE
Cemeteries Act 1958—Part II
FORM A
APPLICATION FOR CREMATION
I, (Name of applicant)
(Address)
(Occupation)
apply to the
to undertake the cremation of the remains of
(Name of deceased)
(Address)
(Occupation)
(Age)
(Sex)
(Whether married, widow, widower, or unmarried)
The true answers to the questions set out below are as follows:
1. Are you an executor or the nearest surviving relative of the
deceased?
2. If not, state—
(a) Your relationship to the deceased
(a)
(b) The reason why the application is made by you and not by an
executor or the nearest surviving relative (b)
3. Did the deceased leave any written directions as to the mode of
disposal of his remains or did he during his last illness orally in the
presence of two witnesses expressly or impliedly request that his
corpse be not cremated? If so, give particulars.
4. Have the near relatives of the deceased been informed of the
proposed cremation?
5. Has any near relative of the deceased expressed any objection to the
proposed cremation? If so, on what ground?
6. What was the date and hour of the death of deceased?
64
Cemeteries Act 1958
Act No. 6217/1958
Sch. 2
7. What was the place where deceased died? (Give address and say
whether own residence, lodgings, hotel, hospital, nursing home, &c.)
8. Do you know, or have you any reason to suspect, that the death of
the deceased was due, directly or indirectly, to—
(a) violence;
(b) poison;
(c) privation or neglect?
9. Do you know any reason whatever for supposing that an
examination of the remains of the deceased may be desirable?
10. Give name and address of the ordinary medical attendant of the
deceased.
11. Give names and addresses of the registered medical practitioners
who attended deceased during his last illness.
Signed by the said applicant on the
day of
19
in the presence of



(Witness)
_______________
65
Cemeteries Act 1958
Act No. 6217/1958
Sch. 3
Sch. 3
substituted by
No. 6530 s. 3,
amended by
Nos 9431
s. 18, 42/1993
s. 62(d),
43/1996
s. 65(Sch.
item 2.5).
THIRD SCHEDULE
Cemeteries Act 1958—Part II
Full name of deceased
(Block letters)
Hereinafter called "The Deceased"
Place of residence
Place of decease
Age
Date of Death
Married or Single
PART A
CERTIFICATE OF MEDICAL ATTENDANT
I am informed that application is about to be made for the cremation of the
remains of the deceased and having signed the notice as required under
section 37(2) of the Births, Deaths and Marriages Registration Act 1996
in relation to the deceased, I give the following answers to the questions set
out below:
1. On what date and at what hour did the deceased die?
2. What was the place where the deceased died? (Give address and say
whether own residence, lodgings, hotel, hospital, nursing home, &c.)
3. Are you a relative of the deceased? If so, state the relationship.
4. Have you, so far as you are aware, any pecuniary interest in the
death of the deceased?
5. Were you the ordinary medical attendant of the deceased? If so, for
how long?
6. Did you attend the deceased during his or her last illness? If so, for
how long?
7. When did you last see the deceased alive? (Say how many days or
hours before death.)
8. Did you see the body after death? If so, how soon after death and
what examination of it did you make?
9. What was the cause of death?
I
Immediate cause
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Cemeteries Act 1958
Act No. 6217/1958
Sch. 3
Morbid conditions, if any, giving rise to immediate cause (stated in order
proceeding backwards from immediate cause).
II
Other morbid conditions (if important) contributing to death but not related to
immediate cause.
10. What was the mode of death? (Say whether syncope, coma,
exhaustion, convulsions, &c.). What was its duration in days hours
or minutes?
11. State how far the answers to the last two questions are the result of
your own observations, or are based on statements made by others.
If on statements made by others, say by whom.
12. Did the deceased undergo any operation during the final illness or
within a year before death? If so, what was its nature, and who
performed it?
13. By whom was the deceased nursed during his or her last illness?
(Give names and say whether professional nurse, relative, &c. If the
illness was a long one, this question should be answered with
reference to the period of four weeks before the death.)
14. Who were the persons (if any) present at the moment of death?
15. In view of the knowledge of the deceased's habits and constitution
do you feel any doubt whatever as to the character of the disease or
the cause of death?
16. Have you any reason to suspect that the death of the deceased was
due directly or indirectly to—
(a) violence;
(b) poison;
(c) privation or neglect?
17. Have you any reason whatever to suspect a further examination of
the body to be desirable?
18. Have you given the certificate required for registration of death? If
not, who has?
19. Is a cardiac pacemaker present in the body of the deceased?
I hereby certify that the answers given above are true and accurate to the best
of my knowledge and belief, and that I know of no reason to suspect that the
deceased died either a violent or unnatural death or a sudden death of which
the cause is unknown or died in such place or circumstances as to require an
inquest in pursuance of any Act.
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Cemeteries Act 1958
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Sch. 3
(Signature)
(Address)
(Qualifications)
(Date)
PART B
CERTIFICATE OF LICENSED MEDICAL PRACTITIONER
AUTHORIZING CREMATION
In relation to the expressed desire that the deceased should be cremated.
I CERTIFY that—
(1) I have carefully perused the statements contained in Part A of this
Certificate and in the application for cremation signed by
and dated the
day of
19
;
and
(2) I have examined the body of the deceased;
AND I DECLARE—
(a) that there are no circumstances connected with the death which
could in my opinion make exhumation of the body hereafter
necessary;
(b) that I have made careful and independent inquiry into the
circumstances attending the death of the deceased including*
(c) that I am of the opinion that the primary cause of death was
and the
secondary cause was
;
(d) that I specially inquired into the possibility of the death having been
the result of poison, of injury inflicted by the deceased or by any
other person, or by any illegal operation;
(e) that I am of opinion that there is no circumstance concerning the
death of the deceased that demands in the interests of justice any
further inquiry before the body is cremated;
(f) that I have not acquired and do not anticipate acquiring directly or
indirectly any property or pecuniary or other benefit of any
description by or by reason of the death of the deceased; and
68
Cemeteries Act 1958
Act No. 6217/1958
Sch. 3
(g) that I am not in partnership with or deriving any professional
remuneration from any medical practitioner who professionally
attended the deceased.
Dated this
day of
19
Signature:
Qualifications:
Address:
* The licensed medical practitioner should set out the nature of any inquiries
that he has made and state whether or not he has made a post mortem
examination.
_______________
69
Cemeteries Act 1958
Act No. 6217/1958
Sch. 4
Sch. 4
inserted by
No. 8634 s. 4,
amended by
Nos 60/1986
s. 7, 42/1993
s. 62(e).
FOURTH SCHEDULE
CEMETERIES WHICH MAY BE CONVERTED TO PIONEER
MEMORIAL PARKS
Will Will Rook Public Cemetery
Old Seymour Public Cemetery
Oakleigh Public Cemetery
Coburg Public Cemetery
Northcote Public Cemetery
═══════════════
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Endnotes
ENDNOTES
1. General Information
The Cemeteries Act 1958 was assented to on 30 September 1958 and came
into operation on 1 April 1959: Government Gazette 18 March 1959
page 892.
71
Cemeteries Act 1958
Act No. 6217/1958
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Cemeteries Act 1958 by
Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Cemeteries Act 1959, No. 6530/1959
Assent Date:
12.5.59
Commencement Date:
1.2.62: Government Gazette 24.1.62 p. 139
Current State:
All of Act in operation
Registration of Births Deaths and Marriages Act 1959, No. 6564/1959
Assent Date:
24.11.59
Commencement Date:
1.10.60: Government Gazette 28.9.60 p. 3146
Current State:
All of Act in operation
Cemeteries (Investment of Funds) Act 1959, No. 6578/1959
Assent Date:
8.12.59
Commencement Date:
8.12.59
Current State:
All of Act in operation
Public Officers Salaries and Allowances Act 1960, No. 6624/1960
Assent Date:
1.6.60
Commencement Date:
21.2.60: s. 1(2)
Current State:
All of Act in operation
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62: Government Gazette 4.7.62 p. 2314
Current State:
All of Act in operation
Public Lands and Works Act 1964, No. 7228/1964
Assent Date:
15.12.64
Commencement Date:
15.3.65: Government Gazette 11.3.65 p. 557
Current State:
All of Act in operation
Cemeteries (St. Kilda Public Cemetery) Act 1968, No. 7638/1968
Assent Date:
19.12.67
Commencement Date:
19.12.67
Current State:
All of Act in operation
Cemeteries (Exhumation Licences) Act 1968, No. 7672/1968
Assent Date:
18.4.68
Commencement Date:
18.4.68
Current State:
All of Act in operation
Cemeteries (Coburg Public Cemetery) Act 1970, No. 7972/1970
Assent Date:
13.4.70
Commencement Date:
13.4.70
Current State:
All of Act in operation
72
Cemeteries Act 1958
Act No. 6217/1958
Endnotes
Cemeteries (Fawkner Crematorium and Memorial Park) Act 1971,
No. 8116/1971
Assent Date:
27.4.71
Commencement Date:
27.4.71
Current State:
All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71: subject to s. 2(2)
Current State:
All of Act in operation
Cemeteries (Pioneer Memorial Parks) Act 1974, No. 8634/1974
Assent Date:
17.12.74
Commencement Date:
17.12.74
Current State:
All of Act in operation
Cemeteries (Amendment) Act 1976, No. 8907/1976
Assent Date:
30.11.76
Commencement Date:
1.1.77: Government Gazette 22.12.76 p. 3738
Current State:
All of Act in operation
Health Commission Act 1977, No. 9023/1977 (as amended by No. 9052)
Assent Date:
24.5.77
Commencement Date:
S. 40(Sch. 1 item 4) on 6.12.78: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Cemeteries (Amendment) Act 1977, No. 9052/1977 (as amended by No. 9427)
Assent Date:
22.11.77
Commencement Date:
30.11.77: Government Gazette 30.11.77 p. 3646
Current State:
All of Act in operation
Crown Land (Reserves) Act 1978, No. 9212/1978
Assent Date:
19.12.78
Commencement Date:
1.3.79: Government Gazette 21.2.79 p. 441
Current State:
All of Act in operation
Cemeteries (Melbourne General Cemetery) Act 1979, No. 9276/1979
Assent Date:
10.7.79
Commencement Date:
10.7.79
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80: subject to s. 6(2)
Current State:
All of Act in operation
Cemeteries (Amendment) Act 1980, No. 9431/1980 (as amended by No. 9821)
Assent Date:
7.10.80
Commencement Date:
All of Act (except s. 2) on 1.7.82: s. 1(3); s. 2 on
1.3.94: Government Gazette 24.2.94 p. 464
Current State:
All of Act in operation
73
Cemeteries Act 1958
Act No. 6217/1958
Endnotes
Crimes (Classification of Offences) Act 1981, No. 9576/1981
Assent Date:
26.5.81
Commencement Date:
1.9.81: Government Gazette 26.8.81 p. 2799
Current State:
All of Act in operation
Cemeteries (Guarantees) Act 1981, No. 9660/1981
Assent Date:
22.12.81
Commencement Date:
22.12.81
Current State:
All of Act in operation
Statute Law Revision Act 1983, No. 9902/1983
Assent Date:
15.6.83
Commencement Date:
15.6.83: subject to s. 2(2)
Current State:
All of Act in operation
Land (Miscellaneous Matters) Act 1985, No. 10224/1985
Assent Date:
3.12.85
Commencement Date:
3.12.85
Current State:
All of Act in operation
Registration of Births Deaths and Marriages (Amendment) Act 1985,
No. 10244/1985
Assent Date:
10.12.85
Commencement Date:
31.10.86: Government Gazette 29.10.86 p. 4114
Current State:
All of Act in operation
Coroners Act 1985, No. 10257/1985
Assent Date:
10.12.85
Commencement Date:
S. 78 on 1.6.86: Government Gazette 30.4.86 p. 115
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Health (Amendment) Act 1985, No. 10262/1985
Assent Date:
10.12.85
Commencement Date:
S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Cemeteries (Amendment) Act 1986, No. 60/1986
Assent Date:
16.9.86
Commencement Date:
16.9.86
Current State:
All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
74
Cemeteries Act 1958
Act No. 6217/1958
Endnotes
Land Acquisition and Compensation Act 1986, No. 121/1986
Assent Date:
23.12.86
Commencement Date:
29.11.87: Government Gazette 25.11.87 p. 3224
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 items 12.1, 12.4–12.6) on 1.11.89:
Government Gazette 1.11.89 p. 2798; Sch. 2 items
12.2, 12.3 on 1.10.92: Government Gazette 23.9.92
p. 2789
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
All of Act on 3.2.92: Government Gazette 18.12.91
p. 3488
Current State:
All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 3(Sch. items 20.1–20.6(a)(b)) on 1.9.90:
Government Gazette 25.7.90 p. 2217
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Cemeteries (Amendment) Act 1991, No. 7/1991
Assent Date:
16.4.91
Commencement Date:
1.7.91: Government Gazette 19.6.91 p. 1578
Current State:
All of Act in operation
Health and Community Services (General Amendment) Act 1993, No. 42/1993
Assent Date:
1.6.93
Commencement Date:
S. 62 on 1.10.93: Government Gazette 16.9.93 p. 2548
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Medical Practice Act 1994, No. 23/1994
Assent Date:
17.5.94
Commencement Date:
Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94:
Government Gazette 23.6.94 p. 1672
Current State:
All of Act in operation
Financial Management (Amendment) Act 1994, No. 75/1994
Assent Date:
22.11.94
Commencement Date:
S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95: s. 2(2)
Current State:
All of Act in operation
75
Cemeteries Act 1958
Act No. 6217/1958
Endnotes
Health Acts (Amendment) Act 1995, No. 21/1995
Assent Date:
16.5.95
Commencement Date:
All of Act (except ss 8–11, 19, 20) on 16.5.95: s. 2(1);
ss 8–11 on 1.1.96: Government Gazette 9.11.95
p. 3099; ss 19, 20 on 1.7.96: s. 2(3)
Current State:
All of Act in operation
Births, Deaths and Marriages Registration Act 1996, No. 43/1996
Assent Date:
26.11.96
Commencement Date:
S. 65(Sch. items 2.1–2.5) on 2.10.97: Government
Gazette 2.10.97 p. 2731
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Health Acts (Further Amendment) Act 1996, No. 68/1996
Assent Date:
17.12.96
Commencement Date:
S. 17 on 16.5.95: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date:
17.11.98
Commencement Date:
S. 24(Sch. item 9) on 1.1.99: s. 2(3)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Public Sector Reform (Further Amendments) Act 1999, No. 12/1999
Assent Date:
11.5.99
Commencement Date:
S. 4(Sch. 2 item 2) on 11.5.99: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
National Taxation Reform (Further Consequential Provisions) Act 2000,
No. 24/2000
Assent Date:
16.5.00
Commencement Date:
S. 18 on 17.5.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 16) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
76
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Act No. 6217/1958
Endnotes
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,
No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 11) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Cemeteries Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Metric Conversion (Cemeteries Act) Regulations 1974, S.R. No. 243/1974
Date of Making:
11.6.74
Date of Commencement:
11.6.74
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
77
Cemeteries Act 1958
Act No. 6217/1958
Endnotes
3. Explanatory Details
1
S. 14A: Section 12 of the Health Acts (Amendment) Act 1995,
No. 21/1995 reads as follows:
12. Transitional provision relating to the substitution of
section 14A
(1) Section 14A of the Cemeteries Act 1958 as in
force immediately before the date section 11
comes into operation continues to apply to any
liability of the trustees of a public cemetery which
arose before that date as if it had not been
repealed and replaced and the Consolidated Fund
is to the necessary extent appropriated accordingly
to discharge any such liability.
(2) Any liability of the trustees of a public cemetery
that arises on or after the date section 11 comes
into operation and that would have been
guaranteed under section 14A of the Cemeteries
Act 1958 as in force immediately before that date
had that section not been repealed and replaced is
a liability of the cemetery trust of that cemetery.
2
S. 86(1)(b): Section 6 of the Land (Miscellaneous Matters) Act 1985,
No. 10224 reads as follows:
6. Revocation of Permanent Reservation and Crown
Grant
Section 86(1)(b) of the Cemeteries Act 1958 and
the Orders in Council and the Crown Grant
specified in Part I of the Schedule insofar as they
relate to the lands delineated and shown hatched
on the plans in Parts II, III, IV, V and VI of the
Schedule and the Order in Council specified in
item six of Part I of the Schedule, which relates to
the land referred to in that item and any other
Order in Council or Proclamation, insofar as it
reserves or affects any of those lands, are revoked.
78