Australian Capital Territory

cemeteries act 1933
This consolidation has been prepared by the ACT Parliamentary Counsel’s 
Updated as at 9 December 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	5.	Provision of public cemeteries according to religious denominations etc.
	6.	Trustees of cemeteries
	6A.	Leave of absence
	6B.	Dismissal of trustee
	6C.	Resignation of trustee
	6D.	Vacation of office
	7.	Establishment of crematory
	8.	Inspection of cemeteries by authorised persons
	9.	Trustees not to interfere with burial ceremonies etc.
	10.	Right of head of religious denomination to prohibit holding of services etc.
	11.	Burial allotments
	12.	Rights of head of religious denomination as to portion of cemetery set apart for that denomination
	13.	Ministers to have full access to cemeteries
	14.	Monumental designs or inscriptions may be objected to
	15.	Times for burying the dead
	16.	Exhumation of bodies
	17.	Burials not to take place elsewhere than in cemetery
	18.	Closing of cemeteries
	19.	Staff
	20.	Revenue of trustees
	21A.	Application of moneys by trustees

	21B.	Estimates of expenditure
	21F.	Delegation
	22.	Place of burial of Dr Duffield
	22A.	Fees and refunds
	23.	Regulations

Australian Capital Territory

cemeteries act 1933
An Act relating to the Establishment, Management and Control of Cemeteries
1. 	Short title
	This Act may be cited as the Cemeteries Act 1933.1
2. 	Interpretation
(1)  In this Act, unless the contrary intention appears—
“burial” includes the interment of the ashes of a dead body;
“cemetery” includes a public cemetery and a private burial ground;
 “Plan” has the same meaning as in the Land (Planning and Environment) Act 1991;
“private burial ground” means an area of public land reserved under the Plan as a burial ground;
“public cemetery” means any land set apart for, or dedicated to, the purposes of a public cemetery under this Act;
“religious denomination” includes a group of religious denominations;
“the recognised head of any religious denomination” means the person for the time being recognised by the Minister as the head in the 
Territory of any religious denomination for which any portion of a public cemetery has been specifically set apart;
“this Act” includes the Regulations made thereunder;
“trustee” means a person appointed under this Act to be a trustee of a cemetery.
(2) 	A reference in this Act to a specified matter shall be read as a reference to a matter specified by the Minister pursuant to subsection 22A (1).
(3) 	A reference in this Act to a determined fee shall be read as a reference to a fee determined by the Minister pursuant to subsection 22A (1).
(4) 	A reference in this Act to a fixed amount shall be read as a reference to an amount fixed by the Minister pursuant to subsection 22A (2).
5. 	Provision of public cemeteries according to religious denominations etc.
(1) 	The Minister may, by notice in the Gazette, specially set apart separate portions of the lands comprising a public cemetery—
	(a)	for the purpose of a general cemetery;
	(b)	for the burial of the dead of any religious denomination when requested to do so by the recognised head of that denomination; and
	(c)	for the burial of deceased persons who served—
	(i)	in the war which commenced in 1914, in any Naval or Military Expeditionary Force raised in the Commonwealth or in any other part of the Sovereign’s dominions; or
	(ii)	in any other war in which the Sovereign is or has been engaged—
	(A)	in the Naval, Military or Air Forces of the Commonwealth or of any other part of the Sovereign’s dominions; or
	(B) 	in the Commonwealth or any Territory of the Commonwealth or in any area adjacent thereto, in the Armed Forces of any Power or Authority allied or associated with the Sovereign in any such war.
(2) 	In the setting apart of portions of a public cemetery for the use of religious denominations, preference shall be given to the denomination having in the Commonwealth the greatest number of adherents as shown by the latest census.
(3) 	In subsection (2) the expression “religious denominations” shall not include groups of religious denominations.
6. 	Trustees of cemeteries
(1) 	The Minister may, by notice in the Gazette, appoint as—
	(a)	trustees of all public cemeteries; or
	(b)	trustees of a private burial ground;
not less than 3 nor more than 12 persons, as he or she thinks fit, and may appoint 1 of the trustees to be the Chairperson of the trustees.
(3) 	The persons for the time being holding office as trustees shall be a body corporate.
(3A) 	The corporate name of the trustees referred to in paragraph (1) (a) shall be The Trustees of the Canberra Public Cemeteries.
(3B) 	The Minister shall determine the corporate name of the trustees of a private burial ground.
(4) 	All bodies corporate constituted in pursuance of this section shall under their respective corporate names have perpetual succession and a common seal and shall be capable of suing and being sued.
(4A) 	A body corporate constituted under this section shall manage a public cemetery or private burial ground in accordance with—
	(a)	the management objectives for a cemetery or burial ground specified in Schedule 1 to the Land (Planning and Environment) Act 1991; and
	(b)	any Plan of Management under that Act that applies to the cemetery or burial ground, as varied and in effect from time to time.
(5) 	If a trustee ceases to hold office, the Minister may appoint a new trustee in his or her place.
(6) 	Where any portion of a public cemetery is set apart for the burial of the dead of a religious denomination, that denomination may nominate a person for appointment as a trustee referred to in paragraph (1) (a).
(7) 	Where any portion of a public cemetery is set apart for the burial of the dead of a group of religious denominations, the group may nominate 1 member of each denomination in the group for appointment as a trustee referred to in paragraph (1) (a).
(8) 	Where any portion of a public cemetery is set apart under paragraph (c) of subsection (1) of section 5, the body known as the Australian Capital Territory Branch of the Returned Sailors, Soldiers and Airmen’s Imperial League of Australia may nominate a person for appointment as a trustee referred to in paragraph (1) (a).
(9) 	A trustee referred to in paragraph (1) (a) shall, for the purposes of this Act, be taken to be a trustee of each public cemetery.
6A. 	Leave of absence
	At a meeting of the trustees of a cemetery, a majority  of the trustees present may grant leave of absence to a trustee of that cemetery for such period and upon such terms and conditions as they determine.
6B. 	Dismissal of trustee
	The Minister may terminate the appointment of a trustee for inability, inefficiency or misbehaviour.
6C. 	Resignation of trustee
	A trustee may resign his or her office by writing under his or her hand addressed to the Minister.
6D. 	Vacation of office
(1) 	If a trustee—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his creditors;
	(b)	is absent, except on leave granted under section 6A, from 3 consecutive meetings of the trustees; or
	(c)	fails to comply with his or her obligations under subsection (2) or (3);
the Minister shall, by notice published in the Gazette, declare that the office of the trustee is vacant, and, upon the publication of the notice, the office shall be deemed to be vacant.
(2) 	A trustee of a cemetery who is directly or indirectly interested in a contract made or proposed to be made by the trustees of that cemetery, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than 25  persons, shall, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of his or her interest at a meeting of the trustees.
(3) 	A disclosure under subsection (2) shall be recorded in the minutes of the trustees, and the trustee—
	(a)	shall not take part after the disclosure in any deliberation or decision of the trustees with respect to that contract; and
	(b)	shall be disregarded for the purpose of constituting a quorum of the trustees for any such deliberation or decision.
7. 	Establishment of crematory
(1) 	The trustees of any public cemetery may, subject to the approval of the Minister, erect and maintain in the cemetery a crematory for the burning of the dead.
8. 	Inspection of cemeteries by authorised persons
(1) 	A person authorised in writing by the trustees of a cemetery may, at any time, enter the cemetery and inspect the land and any buildings, fittings, works and apparatus thereon.
(2) 	Any person who obstructs or intimidates any person so authorised in the performance of his or her duty under this Act shall be guilty of an offence.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
9. 	Trustees not to interfere with burial ceremonies etc.
	The trustees of any public cemetery shall not interfere, directly or indirectly, with the performance of any religious ceremony in the burial of the dead according to the usage of the religious denomination to which the deceased belonged.
10. 	Right of head of religious denomination to prohibit holding of services etc.
(1) 	The recognised head of any religious denomination may, by notice in writing to the trustees, prohibit the performance or holding of any religious or other service within that portion of any public cemetery specifically set apart for his or her denomination.
(2) 	On receipt of any such notice, the trustees shall prevent the performance or holding within that portion of the religious or other service objected to.
11. 	Burial allotments
	The trustees of any public cemetery may set apart and grant, subject to such conditions as are prescribed, the exclusive right of burial in any grave, vault or place of burial in any specified allotment in such cemetery to any person on payment of the determined fee.
12. 	Rights of head of religious denomination as to portion of cemetery set apart for that denomination
	The recognised head of any religious denomination may object to the grant of any exclusive right in respect of, or to the burial of any dead body in, any allotment in the portion of any public cemetery set apart for his or her denomination and the trustees, on receiving notice of such objection and on good cause being shown, shall refuse to grant any such exclusive right or prohibit any such burial in that portion, as the case may be.
13. 	Ministers to have full access to cemeteries
	Any Minister of any religious denomination for which any portion of a public cemetery has been specifically set apart shall have full access and admission to such portion and also to the general portion as he or she thinks fit, and may freely exercise his or her spiritual functions in connection with the burial of the dead without any hindrance or disturbance by the trustees or any person.
14. 	Monumental designs or inscriptions may be objected to
	The recognised head of any religious denomination may object to the placing of any monumental design or inscription within the portion of the public cemetery specifically set apart for his or her denomination and the trustees shall, on receiving notice of such objection, prevent the placing of the design or inscription objected to.
15. 	Times for burying the dead
	Any person who buries any dead body after sunset or before sunrise on any day throughout the year shall be guilty of an offence.
Penalty:  
	(a)	if the offender is a natural person—10 penalty units;
	(b)	if the offender is a body corporate—50 penalty units.
16. 	Exhumation of bodies
	A person shall not exhume a body, or the remains of a body, buried in a cemetery—
	(a)	except in pursuance of a warrant issued under the Coroners Act 1997; or
	(b)	without the permission in writing of the Chief Health Officer under the Public Health Act 1997.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;
	(b)	if the offender is a body corporate—250 penalty units.
17. 	Burials not to take place elsewhere than in cemetery
	Any person who, except with the consent in writing of the Minister, buries a dead body, other than the ashes of a dead body, elsewhere than in a cemetery shall be guilty of an offence.
Penalty:  
	(a)	if the offender is a natural person—50 penalty units;
	(b)	if the offender is a body corporate—250 penalty units.
18. 	Closing of cemeteries
	The Minister may, by notice in the Gazette, order that, after a time specified in the notice not being less than 3 months, burials in any cemetery shall be wholly discontinued or discontinued subject to such exceptions and qualifications as the Minister thinks fit.
19. 	Staff
(1) 	The trustees may make arrangements with the Chief Executive for the use of the services of public servants in the administrative unit under the Chief Executive’s control.
(2) 	The Public Sector Management Act 1994 applies in relation to the management by the trustees of public servants who are the subject of an arrangement under subsection (1).
20. 	Revenue of trustees
	The revenue of the trustees of a cemetery shall consist of—
	(a)	such amounts as are paid to the trustees by the Minister out of moneys appropriated by the Legislative Assembly for the purposes of the cemetery; and
	(b)	such amounts as are received by the trustees under this Act.
21A. 	Application of moneys by trustees
(1) 	The moneys of the trustees of a cemetery shall be applied only in payment or discharge of the expenses, charges and obligations incurred or undertaken by the trustees in the performance of their functions under this Act, including expenses, charges and obligations incurred or undertaken in laying out and ornamenting the cemetery in such manner as is most convenient and suitable for the burial of the dead and in preserving, maintaining and keeping the cemetery in a clean and orderly condition.
21B. 	Estimates of expenditure
	The trustees of a cemetery shall, not later than 31 March in each year, submit to the Minister a statement in such form as the Minister approves of any new works, repairs and alterations proposed to be carried out during the financial year commencing on the following 1 July, together with an estimate of the expense that would be incurred in carrying out the works, repairs and alterations.
21F. 	Delegation
(1) 	The trustees of a cemetery may, either generally or in relation to a matter or class of matters, by writing under the seal of the trustees, delegate all or any of their powers under this Act (except this power of delegation).
(2) 	A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) 	A delegation under this section is revocable at will and does not prevent the exercise of a power by the trustees.
22. 	Place of burial of Dr Duffield
(1) 	The Governor-General may, by Proclamation published in the Gazette, set apart for or dedicate to the purpose of a private burial ground that piece of land containing not more than 22.77 square metres containing the place of burial of the late Dr Walter Geoffrey Duffield.
(2) 	The Minister may appoint 2 trustees for the purposes of this section.
(3) 	The first 2 trustees shall be Mrs Doris Tennant Duffield, widow of the late Dr Walter Geoffrey Duffield or a person nominated by her and a representative of the lands administration of the Territory.
(4) 	In the event of a vacancy occurring in the office of trustee held by Mrs Doris Tennant Duffield or the person nominated by her, the Minister may appoint such person as is nominated by Mrs Doris Tennant Duffield or her heirs, executors and assigns or, in default of nomination, such person as he or she thinks fit.
(5) 	In the event of a vacancy occurring in the office of trustee held by a representative of the lands administration of the Territory, the Minister shall appoint such person as he or she thinks fit.
(6) 	The trustees shall not permit any person other than the widow of the said Walter Geoffrey Duffield to be buried in the land set part or dedicated under subsection (1) unless the consent in writing of the Minister has first been obtained.
(7) 	This section shall be deemed to have commenced on 1 August 1929.
22A. 	Fees and refunds
(1) 	The Minister may, by notice in writing published in the Gazette—
	(a)	specify the matters in respect of which fees are payable for the purposes of this Act; and
	(b)	determine the fee payable for the purposes of this Act in respect of any specified matter.
(2) 	In a notice referred to in subsection (1), the Minister may fix an amount that is to be refunded, in prescribed circumstances, from a determined fee.
23. 	Regulations
	The Executive may make regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for the purpose of carrying out or giving effect to this Act and in particular prescribing matters providing for and in relation to—
	(a)	the management, control and protection of public cemeteries and private burial grounds;
	(b)	the powers and duties of trustees of cemeteries;
	(c)	the licensing and control of funeral undertakers and of the vehicles supplied by funeral undertakers for the use of mourners at funerals;
	(d)	the receipt and control of moneys contributed or donated by any person for the maintenance in perpetuity or otherwise of any grave or vault or portion of a cemetery;
	(e)	the maintenance of order and good conduct in cemeteries;
	(f)	the recovery and remission of fees payable in respect of a specified matter; and
	(g)	the imposition of penalties not exceeding—
	(i)	if the offender is a natural person—10 penalty units; or
	(ii)	if the offender is a body corporate—50 penalty units;
for any breach of the Regulations. 

NOTES
1.	The Cemeteries Act 1933   as shown in this reprint comprises Act No. 29, 1933 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Cemeteries Ordinance 1933	29, 1933	23 Nov 1933	S. 22: 1 Aug 1929
Remainder: 23 Nov 1933		
Cemeteries Ordinance 1942	18, 1942	15 Oct 1942	15 Oct 1942	—	
Ordinances Revision Ordinance 1959	21, 1959	23 Dec 1959	31 Dec 1959	—	
Cemeteries Ordinance 1961	13, 1961	20 July 1961	20 July 1961	—	
Cemeteries Ordinance 1966	9, 1966	16 May 1966	16 May 1966	—	
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
Ordinances Revision (Health Commission) Ordinance 1975	17, 1975	1 July 1975	1 July 1975	—	
Ordinances Revision (Metric Conversion) Ordinance 1977	64, 1977	22 Dec 1977	22 Dec 1977	—	
Cemeteries (Amendment) Ordinance 1978	10, 1978	16 Mar 1978	16 Mar 1978	—	
Ordinances Revision (Administration Arrangements) Ordinance 1978	11, 1978	11 May 1978	11 May 1978	S. 6	
Cemeteries (Amendment) Ordinance 1983	47, 1983	14 Oct 1983	22 Nov 1985 (see Gazette 1985, No. S492)	—	
Cemeteries (Amendment) Ordinance 1985	56, 1985	28 Oct 1985	28 Oct 1985	—	
Cemeteries (Amendment) Ordinance 1987	6, 1987	3 Mar 1987	3 Mar 1987	—	
Community and Health Service (Consequential Provisions) Ordinance 1988	29, 1988	30 June 1988	2 July 1988	S. 4	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2: 10 May 1989
Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	

Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statutory Authorities (Audit Arrangements)Act 1990	25, 1990	22 June 1990	Ss. 1 and 2:  22 June 1990
Remainder:  22 June 1990 (see Gazette 1990, No. S35)	Ss. 19 and 20	
Health Services (Consequential Provisions) Act 1990	63, 1990	28 Dec 1990	Ss. 1 and 2:  28 Dec 1990
Remainder:  31 Jan 1991 (see 
s. 2 (2) and Gazette 1991, No. S4)	Ss. 6-17	
Cemeteries (Amendment) Act 1991	41, 1991	20 Sept 1991	Ss. 1 and 2:  20 Sept 1991
Remainder:  1 Oct 1991 (see Gazette 1991, No. S106)	—	
Land (Planning and Environment) (Consequential Provisions) Act 1991	118, 1991	15 Jan 1992	Ss. 1 and 2:  15 Jan 1992
Ss. 3-8, 17-27 and 32-44:  2 Apr 1992 (see Gazette 1992, No. 13, p. 478)
Remainder:  15 July 1992	Ss. 25-27 and 36	
Cemeteries (Amendment) Act 1992	19, 1992	2 June 1992	2 June 1992	—	
Public Sector Management (Consequential and Transitional Provisions) Act 1994	38, 1994	30 June 1994	Ss. 1 and 2:  30 June 1994
Remainder:  1 July 1994 (see Gazette 1994, No. S142, p. 2)	Ss. 3, 5-12, 15 and 19	
(Reprinted as at 31 January 1995)	
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	26, 1996	1 July 1996	1 July 1996	—	
Coroners (Consequential Provisions) Act 1997	58, 1997	9 Oct 1997	9 Oct 1997	—	
Public Health (Miscellaneous Provisions) Act 1997	70, 1997	9 Oct 1997	Ss. 41 and 43 (1): 13 Aug 1998 (see Gazette 1998, 
No. S185) (a)	S. 41	
(Reprinted as at 13 August 1998)	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)
	—	

 (a)	The Cemeteries Act 1933 was amended by subsection 43 (1) and Schedule 1 only of the Public Health  (Miscellaneous Provisions) Act 1997, subsection 2 (2) of which provides as follows:
“(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.”
Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. No. 13, 1961; No. 9, 1966; No. 17, 1975; No. 56, 1985; No. 29, 1988; Act No. 63, 1990; No. 118, 1991; No. 70, 1997
S. 3	rep. Act No. 51, 1996
S. 4	am. No. 21, 1959; No. 38, 1989
	rep. Act No. 118, 1991
S. 5	am. No. 18, 1942
S. 6	am. No. 21, 1959; No. 13, 1961; No. 6, 1987; Act No. 118, 1991; No. 19, 1992
Ss. 6A-6D	ad. No. 13, 1961
S. 7	am. No. 9, 1966
S. 8	am. No. 13, 1961; No. 19, 1966; Act No. 54, 1998
S. 11	am. No. 56, 1985
S. 15	am. No. 19, 1966; Act No. 54, 1998
S. 16	am. No. 19, 1966; No. 17, 1975
	rs. No. 10, 1978
	am. No. 29, 1988; Act No. 63, 1990; Nos. 58  and 70, 1997; No. 54, 1998
S. 17	am. Nos. 9 and 19, 1966; Act No. 54, 1998
S. 19	am. Act No. 19, 1992
	rs. No. 38, 1994
S. 19A	ad. Act No. 19, 1992
	rep. No. 38, 1994
S. 20	rs. No. 13, 1961
	am. No. 11, 1978; No. 38, 1989
S. 21	am. No. 21, 1959
	rs. No. 13, 1961
	rep. No. 47, 1983
S. 21A	ad. No. 13, 1961
	am. No. 47, 1983
S. 21B	ad. No. 13, 1961
S. 21C	ad. No. 13, 1961
	rep. No. 47, 1983
	ad. Act No. 25, 1990
	am. No. 41, 1991
	rep. No. 26, 1996
S. 21D	ad. No. 13, 1961
	rep. No. 47, 1983
	ad. Act No. 25, 1990
	rep. No. 26, 1996
S. 21E	ad. No. 13, 1961
	rep. No. 47, 1983
S. 21F	ad. No. 13, 1961
S. 22	am. No. 64, 1977
S. 22A	ad. No. 56, 1985
S. 23	am. No. 19, 1966; No. 56, 1985; No. 38, 1989; Act No. 54, 1998