BILL NO. 54
3rd Session, 61st General Assembly
60 Elizabeth II, 2011
Private Member's Bill
Cemeteries Protection Act
Victoria - The Lakes
First Reading: May 4, 2011
Second Reading: May 6, 2011
Third Reading: May 12, 2011 (LINK TO BILL AS PASSED)
(a) changes the title of the Cemeteries Protection Act to include monuments;
(b) updates the minister responsible for the Act;
(c) amends the Act to include the protection of monuments; and
(d) transfers from the Governor in Council to the Minister of Communities, Culture and Heritage the power to declare a cemetery to be abandoned and to permit persons to enter the cemetery and carry out such work as considered necessary to restore, preserve and protect the cemetery.
An Act to Amend Chapter 9
Be it enacted by the Governor and Assembly as follows:
of the Acts of 1998,
the Cemeteries Protection Act
1 The title of Chapter 9 of the Acts of 1998, the Cemeteries Protection Act, is amended by adding "and Monuments" immediately after "Cemeteries".
2 Section 1 of Chapter 9 is amended by adding "and Monuments" immediately after "Cemeteries"
3 Section 2 of Chapter 9 is amended by
(a) striking out "Education and Culture" in the second line and substituting "Communities, Culture and Heritage";
(b) striking out the period at the end of clause (c) and substituting a semicolon; and
(c) adding immediately after clause (c) the following clause:
(d) "monument" means land or a public structure set aside to commemorate an event, an individual or a group.
4 Subsection 4(1) of Chapter 9 is amended by striking out "Governor in Council" in the first, in the fifth last and in the second and third last lines and substituting in each case "Minister".
5 Section 5 of Chapter 9 is amended by
(a) adding "or monument" immediately after "cemetery" in the third line; and
(b) striking out "visits" in the fourth line and substituting "or monument visits, as the case may be".
6 Section 9 of Chapter 9 is amended by adding "or monument" immediately after "cemetery" in the second line.
7 Section 5 of Chapter 9 is amended by
(a) striking out "two" in the third line and substituting "twenty"; and
(b) striking out "six months" in the fourth line and substituting "two years less a day".
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