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Legislative Assembly for the ACT: 2001 Week 3 Hansard (8 March) . . Page.. 835 ..

MR SMYTH (continuing):

it complies with the required minimum standards. Where the chief executive is satisfied that the operator has contravened, or is contravening, the act, then a show cause notice may be issued, provided that the identified contravention does not constitute an offence against this bill.

The notice would specify the contravention that has occurred and the chief executive's reasoning and invite written representation within a specified period of not less than 14 days on why the operator should not be required to cease the contravention, remedy the consequence of the contravention, or do both. If, after consideration of any written submission from the operator, the chief executive is still satisfied that the operator should be required to cease the contravention, remedy the consequence of the contravention, or do both, he or she may issue an improvement notice to the operator.

The bill establishes the Australian Capital Territory Cemeteries Board, replacing the Canberra Public Cemeteries Trust, which was established under the Cemeteries Act 1933. The board will be a corporation with perpetual succession, may have a common seal, may sue and be sued in its corporate name, and may acquire, hold and dispose of property.

The function of the board will be to effectively and efficiently manage public cemeteries and crematoria for which the minister has appointed the board as the operator. It will be required to operate on a commercial basis and will not receive any government funding, as is the current situation with the cemeteries trust.

The bill provides for a continuation of the existing arrangements whereby the board will arrange with the chief executive to use public servants in the board's secretariat but still under the chief executive's control. Management of public servants by the board would be subject to the Public Sector Management Act 1994.

In line with the principles of natural justice, the bill provides that where a cemetery or crematorium operator is aggrieved by the decision of the minister he or she may apply to the Administrative Appeals Tribunal for review of the decision.

The bill also provides the power for the executive to make any necessary regulations. Some of the issues that could be included in regulations are the protection of cemeteries and crematoria; the conduct of cemeteries and crematoria; permits for burials and cremations; certificates from doctors being required for permits for burials and cremations; and any other matter which provision made for by a code of practice.

The bill also repeals the Cemeteries Act 1933 and the Cremation Act 1966. The Canberra Public Cemeteries Regulations made on 30 June 1939 are also repealed.

The Land (Planning and Environment) Act 1991 is amended to include crematoria in the definition of cemetery. Also revising schedule 1 to indicate that the purpose of the cemetery or burial ground is to provide for the interment or the cremation of human remains and the interment of ashes of human remains.

A cemetery and a crematorium will be established by the creation of executive leases for these facilities under the land act. A sublease would then be granted to a person or company to operate the facility. This provides a very simple and flexible administrative

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