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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3630 ..

I MOVE THAT THIS BILL NOW BE AGREED TO IN PRINCIPLE. THIS BILL AMENDS THE CREMATION ACT 1966 TO REINSTATE THE ABILITY TO APPOINT NON PUBLIC SERVANTS AS MEDICAL REFEREES UNDER THE ACT.

THIS PROVISION WAS INADVERTENTLY REMOVED WHEN THE STATUTORY OFFICES (MISCELLANEOUS PROVISIONS) ACT 1994 (SOMP) WAS ENACTED IN DECEMBER OF THAT YEAR. SOMP AMENDED MOST A.C.T. ACTS TO REMOVE THE NEED FOR MINISTERIAL APPOINTMENT BY DEVOLVING IT TO THE CHIEF EXECUTIVE. IT FURTHER PROVIDED FOR THE CREATION OF A STATUTORY OFFICE WITHIN THE ACT GOVERNMENT SERVICE AND THAT PERSONS APPOINTED BE PUBLIC SERVANTS.

BY REMOVING THE ABILITY TO APPOINT NON PUBLIC SERVANTS AS MEDICAL REFEREES SOMP HAS INADVERTENTLY CREATED A SITUATION THAT HAS IMPEDED THE PRINCIPAL ACT.

BEFORE A CREMATION CAN PROCEED TWO MEDICAL PRACTITIONERS MUST CERTIFY THAT THERE IS NO REASON WHY CREMATION OF THE BODY CANNOT PROCEED. ONE

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