Chapter 10
Current legislation

General obligations in relation to disposal of bodies

10.52There are currently a number of statutory obligations concerning the treatment of bodies after death that are relevant both to people in the business of providing funeral services and to anyone who is dealing with bodies after death. For example, section 150 of the Crimes Act 1961 makes it an offence to either neglect to perform a duty imposed by law with reference to the burial or cremation of a dead body or human remains or to improperly or indecently interfere with or offer an indignity to any dead human body or human remains.

10.53There are a number of obligations under the Act, including:

10.54In Chapter 15 we make a number of proposals for the modernisation of these obligations in a new statute.

167Burial and Cremation Act, section 46E.
168Section 46E. Under this form, the transferee undertakes to notify the Registrar-General of the death and to dispose of the body. It also describes where it is intended to dispose of the body. There are several exceptions to the application of this rule in s 46E(2) and (3), including when funeral directors collect a body from the home or aged care facility. We discussed this section in more detail in Chapter 6.
169Section 46AA.