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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-05-15 Daily Xml
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BURIAL AND CREMATION BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 12—Heading to Part 2 Division 2, page 12, line 12—

Delete 'human' and substitute 'bodily'

No. 2. Clause 14, page 14, line 23 [clause 14(1), penalty provision]—

Delete 'Imprisonment for 4 years' and substitute '$10,000 or imprisonment for 2 years'

No. 3. Clause 14, page 14, line 24 [clause 14(2)]—delete 'if' and substitute 'knowing that'

No. 4. Clause 14, page 14, lines 33 to 37 [clause 14(3)]—Delete subclause (3) and substitute:

(3) It is a defence to a charge of an offence against subsection (2) if the defendant proves that—

(a) the death occurred outside Metropolitan Adelaide; and

(b) no other medical practitioner was reasonably available, within 24 hours after the death, to give the certificate; and

(c) the defendant complied with any requirements prescribed by the regulations in relation to the certificate;

No. 5. Clause 24, page 16, line 22 [clause 24(1)(b)]—Delete '25' and substitute '50'

No. 6. Clause 24, page 16, after line 35 [clause 35]—After subclause (4) insert:

(4a) A council that proposes to close a cemetery or natural burial ground for which it is the relevant authority must provide the Minister with details of any representations or submissions made to the council in respect of the proposed closure.

No. 7. Clause 34, page 23, lines 16 and 17 [clause 34(2)]—Delete 'of an amount determined in accordance with the regulations' and substitute:

equal to the current fee payable for an interment right of the same kind, less a reasonable fee—

(a) for administration and maintenance costs; and

(b) for costs involved in the establishment of the cemetery or natural burial ground

No. 8. Clause 63, page 34, lines 29 to 36—Delete the clause and substitute:

63—Self-incrimination

A person is not required to answer a question or to produce, or provide a copy of, a document or information under this Act if the answer, document or information would tend to incriminate the person of an offence or make the person liable to a penalty.

No. 9. Clause 66, page 36, lines 7 and 8 [clause 66(2)(c)]—Delete 'prescribed facilities' and substitute 'crematoria'

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