South Australia
Cremation Regulations 2001
under the Cremation Act 2000

Contents
1	Short title
4	Interpretation
5	Forms
6	Application for cremation permit
7	Certificates as to cause of death
8	Tagging of body by doctor
9	Coffins
10	Removal and disposal of name plate etc from coffin before cremation
11	Identification of body
12	Disposal of cremated ashes
Schedule 1—Forms
Schedule 2—Application fees for cremation permits
Legislative history

1—Short title
These regulations may be cited as the Cremation Regulations 2001.
4—Interpretation
	(1)	In these regulations—
Act means the Cremation Act 2000;
crematorium authority means the person in charge of a crematorium;
funeral director means a person who carries on a business consisting of or including arranging for the cremation of the remains of a deceased;
near relative of a deceased means—
	(a)	a spouse or domestic partner of the deceased;
	(b)	a child of the deceased of or over the age of 18 years;
	(c)	a parent of the deceased;
	(d)	a brother or sister of the deceased of or over the age of 18 years.
	(2)	In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.
5—Forms
	(1)	The forms set out in Schedule 1 are prescribed for the purposes of the Act.
	(2)	A form set out in Schedule 1 must—
	(a)	be used for the purposes specified in the Schedule; and
	(b)	contain the information required by, and be completed in accordance with, the instructions contained in the form.
6—Application for cremation permit
An application for a cremation permit—
	(a)	may be made by—
	(i)	the executor or administrator of the deceased's estate; or
	(ii)	a near relative of the deceased; or
	(iii)	a person of or over the age of 18 years who satisfies the Registrar that he or she is, in all the circumstances, a proper person to make the application1; and
	(b)	must be lodged with the Registrar; and
	(c)	if the application is made under section 6(2) of the Act, must be accompanied by—
	(i)	the following information:
	(A)	the date and time of the deceased's death;
	(B)	the place of death (for example, the deceased's place of residence or the hospital, nursing home, lodgings, etc, where the deceased died);
	(C)	whether the applicant is—
	•	the executor or administrator of the deceased's estate; or
	•	a near relative of the deceased (specifying the relationship); or
	•	a person of or over the age of 18 years (specifying the reasons why the applicant is making the application);
	(D)	whether the deceased left written directions as to the mode of disposal of his or her remains and, if so, details of the directions;
	(E)	whether there has been any objection to the proposed cremation by the personal representative or a spouse, domestic partner, parent or child of the deceased;
	(F)	whether the applicant knows, or has reason to believe, that the death of the deceased was not due to natural causes and, if so, details of the cause of death;
	(G)	the name and address of the doctor who ordinarily attended the deceased;
	(H)	whether there is to be a post mortem examination of the body of the deceased;
	(I)	whether there is to be an inquest or inquiry into the death of the deceased;
	(J)	the name of the crematorium at which it is intended that the deceased's body will be cremated;
	(K)	the name of the person to whom the cremation permit is to be issued; and
	(ii)	the relevant fee set out in Schedule 2; and
	(d)	if the application is made under section 6(3)(b) of the Act, must be accompanied by—
	(i)	the following information:
	(A)	whether the applicant is—
	•	the executor or administrator of the deceased's estate; or
	•	a near relative of the deceased (specifying the relationship); or
	•	a person of or over the age of 18 years (specifying the reasons why the applicant is making the application);
	(B)	the reason why none of the documents required to accompany an application for a cremation permit under section 6(2) of the Act can be produced;
	(C)	whether the applicant knows of any reason why the cremation permit should not be issued; and
	(ii)	the relevant fee set out in Schedule 2.
Note—
1	For example, the Registrar may issue a cremation permit to a funeral director or other person arranging the cremation.
7—Certificates as to cause of death
For the purposes of section 6(2)(a) of the Act—
	(a)	in the case where 2 doctors certify that the deceased died from natural causes—
	(i)	the doctor who was responsible for the deceased's medical care immediately before death, or examined the body of the deceased after death, must issue a certificate in the form of Form 3 (a Form 3 certificate); and
	(ii)	the other doctor must issue a certificate in the form of Form 4;
	(b)	in the case where a doctor certifies, after completing a post mortem examination of all the vital organs of the deceased, that the deceased died from natural causes—the doctor must issue a certificate in the form of Form 5.
8—Tagging of body by doctor
	(1)	A doctor who issues a Form 3 certificate that a deceased died from natural causes may—
	(a)	attach to the body of the deceased a tag bearing the deceased's name and date of death; or
	(b)	in circumstances where it is not practicable to attach a tag to the body of the deceased, mark on the body of the deceased in indelible ink the deceased's name and date of death.
	(2)	A person must not remove or deface, mark, alter or otherwise interfere with a tag attached to, or a mark placed on, a body under this regulation.
Maximum penalty: $2 500.
9—Coffins
	(1)	A funeral director or other person arranging for the cremation of the remains of a deceased must ensure that the coffin to be used for the cremation—
	(a)	is constructed of timber or material derived from timber that will not release organochlorines during incineration in a crematorium; and
	(b)	is constructed so that it will not distort or collapse on being subjected to the kind of handling to which a coffin is likely to be subjected during the normal course of events leading up to a cremation (including handling when damp); and
	(c)	does not have cross pieces projecting from its base; and
	(d)	subject to subregulation (2), is lined internally with impervious material that is at least 100 µm thick and of such a nature as to prevent the leakage of body fluids from the coffin; and
	(e)	subject to subregulation (3), contains only material suitable for combustion in the course of a cremation; and
	(f)	bears a name plate or inscription stating the family name and at least one other name of the deceased whose remains are to be cremated in the coffin.
Maximum penalty: $2 500.
	(2)	A coffin need not be lined with impervious material if—
	(a)	the body, when placed in the coffin, is completely enclosed in a bag made of impervious material at least 100 µm thick; and
	(b)	the bag is effectively sealed so as to prevent leakage of body fluids from the body into the coffin.
	(3)	Materials that are not suitable for combustion in the course of a cremation may be used on the exterior of a coffin if they can be removed easily prior to cremation.
10—Removal and disposal of name plate etc from coffin before cremation
	(1)	A crematorium authority may dispose of—
	(a)	a name plate, metal or plastic fitting or any other object removed before cremation from the exterior of a coffin containing the remains of a deceased; or
	(b)	any other thing that comes into the possession of the crematorium authority as a result of a cremation.
	(2)	However, the crematorium authority must keep any removed name plate for 14 days after the cremation and give it, on request, to the person who applied for the cremation permit or a person authorised by that person.
Maximum penalty: $2 500.
11—Identification of body
	(1)	A funeral director or other person arranging for the cremation of the remains of a deceased must give to the crematorium authority—
	(a)	the cremation permit (Form 2) issued by the Registrar in respect of the deceased; and
	(b)	the appropriate identification form as follows:
	(i)	in the case where the body of the deceased has been tagged and marked under these regulations—Form 6;
	(ii)	in the case where the body has not been so tagged and marked but can be visually identified—Form 7;
	(iii)	in any other case—Form 8.
Maximum penalty: $2 500.
	(2)	A crematorium authority must not cremate the remains of a deceased unless—
	(a)	the authority has received the relevant cremation permit and identification form from the funeral director or other person arranging the cremation; and
	(b)	the details identifying the deceased contained in the permit, the identification form, and on the coffin, have been checked and found to correspond.
Maximum penalty: $2 500.
	(3)	The crematorium authority must, within 28 days after a cremation at the crematorium, give to the Registrar the identification form provided to the authority by the funeral director or other person who arranged the cremation.
Maximum penalty: $2 500.
12—Disposal of cremated ashes
	(1)	A crematorium authority must ensure that the ashes of the remains of a deceased cremated at the crematorium are not released except to the person who applied for the cremation permit or a person authorised in writing by that person.
Maximum penalty: $2 500.
	(2)	If the ashes of the remains of a deceased cremated at a crematorium are not claimed within 6 months after the cremation, the crematorium authority may dispose of the ashes.

Schedule 1—Forms

Form 1:	Application for cremation permit	
Form 2:	Cremation permit	
Form 3:	Death from natural causes—certificate of treating or examining doctor	
Form 4:	Death from natural causes—certificate of second doctor	
Form 5:	Death from natural causes—certificate of doctor conducting post mortem	
Form 6:	Tagging and marking of body—certificate of doctor	
Form 7:	Certificate of identification of deceased	
Form 8:	Certificate of doctor dispensing with identification of deceased	

Schedule 2—Application fees for cremation permits

Application for cremation permit—		
	(a)	if the application is accompanied by documents as required by section 6(2) of the Act or as referred to in section 6(3)(a) of the Act	$38	
	(b)	in any other case	$76	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Cremation Regulations 2001 revoked the following:
Cremation Regulations 1994
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2001	7	Gazette 1.2.2001 p418	1.2.2001: r 2	
2001	80	Gazette 31.5.2001 p2019	1.7.2001: r 2	
2002	73	Gazette 20.6.2002 p2557	1.7.2002: r 2	
2003	92	Gazette 29.5.2003 p2244	1.7.2003: r 2	
2004	64	Gazette 27.5.2004 p1485	1.7.2004: r 2 	
2005	116	Gazette 26.5.2005 p1581	26.9.2005: r 2	
2006	157	Gazette 15.6.2006 p1928	1.7.2006: r 2	
2006	193	Gazette 20.7.2006 p2346	24.7.2006: r 2	
2007	51	Gazette 26.4.2007 p1410	1.6.2007: r 2	
2007	105	Gazette 7.6.2007 p2431	1.7.2007: r 2	
2008	108	Gazette 5.6.2008 p2074	1.7.2008: r 2	
2009	95	Gazette 4.6.2009 p2500	1.7.2009: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2 and 3	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 4			
r 4(1)			
near relative	varied by 51/2007 r 7	1.6.2007	
r 4(2)	varied by 193/2006 r 4	24.7.2006	
r 5			
r 5(1)	varied by 193/2006 r 5(1)	24.7.2006	
r 5(2)	varied by 193/2006 r 5(2)	24.7.2006	
r 6	varied by 80/2001 r 3	1.7.2001	
	varied by 73/2002 r 3	1.7.2002	
	varied by 92/2003 r 4	1.7.2003	
	varied by 64/2004 r 4	1.7.2004	
	varied by 157/2006 r 4	1.7.2006	
	varied by 193/2006 r 6	24.7.2006	
	varied by 51/2007 r 8	1.6.2007	
r 8			
r 8(1)	substituted by 116/2005 r 4	26.9.2005	
Sch 1	Sch redesignated as Sch 1 by 193/2006 r 7(2)	24.7.2006	
Form 1	varied by 73/2002 r 4	1.7.2002	
	substituted by 193/2006 r 7(1)	24.7.2006	
Sch 2	inserted by 193/2006 r 8	24.7.2006	
	substituted by 105/2007 r 4	1.7.2007	
	substituted by 108/2008 r 4	1.7.2008	
Historical versions
1.7.2004		
26.9.2005		
1.7.2006		
24.7.2006		
1.6.2007		
1.7.2007