South Australia
Cremation Act 2000
An Act to regulate the cremation of human remains; and for other purposes.

Contents
1	Short title
4	Interpretation
5	Offence to cremate human remains other than in lawfully established crematorium
6	Issue of cremation permit
7	Relatives etc may object to cremation in cases where cremation not directed by deceased person
8	Attorney-General, State Coroner etc may prohibit cremation
9	Regulations
Legislative history

The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Cremation Act 2000.
4—Interpretation
In this Act, unless the contrary intention appears—
crematorium means a place for the cremation of human remains;
doctor means a person registered as a medical practitioner under the Medical Practitioners Act 1983;
human remains has the same meaning as in the Births, Deaths and Marriages Registration Act 1996;
Registrar means the Registrar of Births, Deaths and Marriages or a Deputy Registrar of Births, Deaths and Marriages;
spouse includes putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975).
5—Offence to cremate human remains other than in lawfully established crematorium
A person must not cremate human remains, or cause, suffer or permit human remains to be cremated, other than in a lawfully established crematorium.
Maximum penalty: $10 000 or imprisonment for 2 years.
6—Issue of cremation permit
	(a1)	A person must not cremate human remains, or cause, suffer or permit human remains to be cremated, unless he or she has received a cremation permit issued under this section.
Maximum penalty: $10 000 or imprisonment for 2 years.
	(1)	Subject to this Act, the Registrar may, on due application made under this section, issue the applicant with a cremation permit in the prescribed form.
	(2)	The Registrar must not issue a permit under this section unless the application is accompanied by—
	(a)	—
	(i)	certificates from 2 doctors (one of whom was responsible for the deceased's medical care immediately before death or examined the body of the deceased after death); or
	(ii)	a certificate from a doctor who has completed a post mortem examination of all the vital organs of the deceased,
certifying that the deceased died from natural causes; or
	(b)	an authorisation for the disposal of human remains issued under the Coroners Act 2003.
	(3)	However, an application made for a cremation permit in respect of the remains of a person who died in another State or a Territory of the Commonwealth may instead be accompanied by the documents that would be required under the law of that State or Territory for the issue of a cremation permit or other authorisation for cremation of the remains in that State or Territory.
	(4)	A doctor must not give a certificate under this section if the State Coroner or a police officer is required to be notified of the death under the Coroners Act 2003.
Maximum penalty: $5 000 or imprisonment for 1 year.
	(5)	A doctor must not, knowing—
	(a)	that he or she has a pecuniary interest in the death of another person under a policy of life insurance; or
	(b)	that he or she is entitled in expectancy of the death of another person to any real or personal property,
give a certificate under this section.
Maximum penalty: Imprisonment for 4 years.
7—Relatives etc may object to cremation in cases where cremation not directed by deceased person
A person must not cremate human remains, or cause, suffer or authorise the cremation of human remains, knowing that the personal representative or a spouse, parent or child of the deceased person objects to the cremation, unless the deceased person directed, by a will or some other attested instrument, that his or her body be cremated.
Maximum penalty: $5 000.
8—Attorney-General, State Coroner etc may prohibit cremation
	(1)	The Attorney-General, the State Coroner or a magistrate may, if he or she considers that there is reasonable cause for doing so, by order in writing given to the person in charge of a crematorium, prohibit the cremation of the remains of a specified deceased person, either absolutely or until the viscera or any other organs have been removed from the body and lodged in such manner and custody as the Attorney-General, State Coroner or magistrate may require.
	(2)	An order under subsection (1) may be given personally or by post.
	(3)	A person in charge of a crematorium who causes, suffers or permits the cremation of human remains in the crematorium in contravention of an order under subsection (1) is guilty of an offence.
Maximum penalty: $15 000 or imprisonment for 4 years.
9—Regulations
	(1)	The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.
	(2)	The regulations may prescribe penalties, not exceeding $2 500, for breach of, or non‑compliance with, a regulation.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Legislation repealed by principal Act
The Cremation Act 2000 repealed the following:
Cremation Act 1891
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
2000	52	Cremation Act 2000	20.7.2000	1.2.2001 (Gazette 1.2.2001 p392)	
2003	33	Coroners Act 2003	31.7.2003	Sch (cll 8 & 9)—1.7.2005 (Gazette 23.6.2005 p1899)	
2006	10	Statutes Amendment (Disposal of Human Remains) Act 2006	29.6.2006	Pt 4 (ss 7—9)—24.7.2006 (Gazette 20.7.2006 p2335)	
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Long title	amended under Legislation Revision and Publication Act 2002	1.7.2005	
ss 2 and 3	omitted under Legislation Revision and Publication Act 2002	1.7.2005	
s 6			
s 6(a1)	inserted by 33/2003 Sch (cl 8(1))	1.7.2005	
s 6(2)	amended by 33/2003 Sch (cl 8(2))	1.7.2005	
s 6(4)	substituted by 33/2003 Sch (cl 8(3))	1.7.2005	
s 8			
s 8(1)	amended by 33/2003 Sch (cl 9(1), (2))	1.7.2005