2007
THE LEGISLATIVE ASSEMBLY FOR
THE AUSTRALIAN CAPITAL TERRITORY

ASSEMBLY AMENDMENT
STATUTE LAW AMENDMENT BILL 2007
SUPPLEMENTARY EXPLANATORY STATEMENT

	Circulated by the authority of
	Simon Corbell MLA
	Attorney General

The Assembly amendment omits amendment 1.1 from the Statute Law Amendment Bill 2007 and substitutes 2 new amendments.

The amendments amend the Cemeteries and Crematoria Act 2003, section 23 (1) which relates to the exhumation of human or foetal remains.

The existing subsection can be read as requiring a person to obtain the permission of both a coroner and the chief health officer.  This is reflected in the explanatory note for the amendment in the bill.  In fact, the permission of only 1 of the statutory officeholders is necessary under the existing subsection because all elements of the offence are not made out if a coroner or the chief health officer has given permission.

The Assembly amendment makes clear the policy intent for the provision that the permission of either a coroner or the chief health officer is required.  This is done by providing for a person to be authorised to exhume human or foetal remains.  A person is authorised if a warrant under the Coroners Act 1997 authorises the exhumation or the chief health officer has given written permission under the section for the exhumation.