Australian Capital Territory Current Acts

CEMETERIES AND CREMATORIA ACT 2020 - SECT 51

    (1)     The licensee of a facility may apply to the regulator to amend the licence to operate the facility.

    (2)     The application must be in writing and include the following information:

        (a)     the name and contact details of the licensee;

        (b)     the unique identifying number of the facility and licence;

        (c)     a description of the proposed amendment;

        (d)     the reason for the proposed amendment;

        (e)     a statement about how the proposed amendment is consistent with—

              (i)     demonstrating respect for the diversity of people's religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and

              (ii)     implementing financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility;

        (f)     anything else prescribed by regulation.

    (3)     The regulator must—

        (a)     accept the application; or

        (b)     refuse the application.

    (4)     The regulator may refuse to consider the application further if it is not in accordance with subsection (2).

    (5)     The regulator may accept the application only if satisfied that—

        (a)     the proposed amendment is consistent with the licensee—

              (i)     demonstrating respect for the diversity of people's religious and cultural beliefs and practices in relation to death and dying, the burial and cremation of human remains and interment of cremated remains; and

              (ii)     implementing financially sustainable practices for burying and cremating human remains or interring cremated remains at the facility; and

        (b)     the licensee has complied, and is likely to continue to comply, with the requirements of this Act.

    (6)     The regulator may refuse the application if the regulator believes on reasonable grounds that—

        (a)     the application contains information that is materially false or misleading; or

        (b)     the person is not a suitable person to operate the facility; or

        (c)     the person has failed to comply with this Act.

    (7)     The regulator may accept the application subject to conditions.

    (8)     If the regulator accepts the application, the regulator must—

        (a)     allocate a unique identifying number for the amendment; and

        (b)     tell the licensee, in writing, that the application is accepted and give the licensee a written document stating the following:

              (i)     the name and address of the facility;

              (ii)     the name and contact details of the licensee;

              (iii)     the unique identifying number for the facility, licence and amendment;

              (iv)     any conditions imposed on the licence as a result of the amendment.

    (9)     If the regulator refuses the application, the regulator must tell the licensee, in writing, the reasons for the refusal.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.