Australian Capital Territory Numbered Acts

CEMETERIES AND CREMATORIA ACT 2003 (NO. 11 OF 2003) - SECT 20

    (1)     A person commits an offence if—

        (a)     the person buries human remains, or foetal remains, at a cemetery; and

        (b)     the burial is not in accordance with the regulations.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person commits an offence if—

        (a)     the person cremates human remains or foetal remains at a crematorium; and

        (b)     the cremation is not in accordance with the regulations.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     An offence against this section is a strict liability offence.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the chief health officer has given a public health direction under the Public Health Act 1997 requiring the cremation of the remains.