After section 3 of the Principal Act , the following sections are inserted in Part 1:

3A.     Regulator

(1)  For the purposes of this Act, the regulator is –

(a) the person prescribed as the regulator for the purposes of this Act; or

(b) if no such person is prescribed, the Director of Local Government.

(2)  Subject to subsection (3) , the regulator may exempt a person from complying with one or more requirements under Part 2A or 2B if satisfied that the exemption –

(a) is reasonable in the circumstances; and

(b) will not have a negative effect on the entitlements of another person under this Act.

(3)  The regulator may not exempt a person from a requirement in any of the following sections:

(a) section 27A ;

(b) section 27B(1) or (5) ;

(c) section 27H (2);

(d) section 27I ;

(e) section 27J(1)(c) ;

(f) section 27L ;

(g) section 27P(3) ;

(h) section 27Q ;

(i) section 27R ;

(j) section 27S ;

(k) any other section as prescribed.

3B.     Meaning of senior next of kin

(1)  For the purposes of this Act, a person is the senior next of kin in relation to the human remains of a deceased person, including human remains that are reduced to ash, if the person –

(a) immediately before the death of the deceased person, was the spouse of the deceased person; or

(b) if there is no person within paragraph (a) in respect of the deceased person – the deceased person’s eldest available child, within the meaning of section 3(13) of the Evidence Act 2001 , if that child has attained the age of 18 years; or

(c) if there is no person within paragraph (a) or (b) in respect of the deceased person – the person with whom, immediately before the death of the deceased person, the deceased person had a caring relationship which was the subject of a deed of relationship registered under Part 2 of the Relationships Act 2003 ; or

(d) if there is no person within paragraph (a), (b) or (c) in respect of the deceased person – a parent of the deceased person; or

(e) if there is no person within paragraph (a), (b), (c) or (d) in respect of the deceased person – the eldest available sibling of the deceased person, if that sibling has attained the age of 18 years; or

(f) if there is no person within paragraph (a), (b), (c), (d) or (e) in respect of the deceased person – the personal representative of the deceased person; or

(g) if –

(i) there is no person within paragraph (a), (b), (c), (d), (e) or (f) in respect of the deceased person; and

(ii) the deceased person is an Aboriginal person within the meaning of the Aboriginal Lands Act 1995  –

a person who is an appropriate person according to the customs and traditions of the community or group to which the deceased person belonged; or

(h) if there is no person within paragraph (a), (b), (c), (d), (e), (f) or (g) in respect of the deceased person – a person approved under subsection (3) by the Director of Local Government as the next of kin of the deceased person.

(2)  For the purposes of a paragraph of subsection (1) , there is no person within the paragraph in respect of a deceased person, or a person referred to in the paragraph is not available, if the person referred to in that paragraph –

(a) is unable to be contacted after all reasonable steps to contact the person have been taken; or

(b) has declined to act as the senior next of kin for the deceased person; or

(c) is, in the opinion of a medical practitioner, unable to perform adequately, or competently, the duties of senior next of kin.

(3)  For the purposes of subsection (1)(h) , the Director of Local Government may approve a person as the next of kin of a deceased person by notifying, in writing, the person so approved that he or she is the next of kin of the deceased person.