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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
PREPAID FUNERALS BILL 2003
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Objects of Act
5. Application of Act
PART 2 - DISCLOSURE OF PRE-CONTRACTUAL
INFORMATION
6. Disclosure of information before prepaid funeral
agreement
PART 3 - AGREEMENTS FOR PREPAID FUNERAL
SERVICES
7. Pre-existing prepaid funeral agreements
8. Prepaid funeral agreements
9. Termination of prepaid funeral agreement
10. Duty to deposit payments into trust account
11. Establishment of funeral trust
12. Appointment of custodian
13. Register of funeral trusts
[Bill 84]-IV
14. Trust accounts
15. Duty of funeral trust to refund payments
16. Investments of funeral trust
17. Payments from funeral trust
18. Insolvency of funeral business
19. Duty to maintain register
20. Value of funeral trust
21. Annual returns
22. Assignment of agreements and funds
23. Death of recipient before completion of payments under
agreement
24. Disputes about payment of funds
25. Restriction on withdrawal of funds
26. Copy of records
27. Director may require audit
PART 4 - MISCELLANEOUS AND SUPPLEMENTAL
28. Liability for offences against Act
29. Regulations
30. Administration of Act
31. Consumer Affairs Act 1988 amended
2
PREPAID FUNERALS BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to regulate the provision of prepaid funeral
services and to make consequential amendments to
the Consumer Affairs Act 1988
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 - PRELIMINARY
Short title
1. This Act may be cited as the Prepaid Funerals Act
2003.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. In this Act, unless the contrary intention appears -
"approved" means approved by the Director;
[Bill 84] 3
s. 3 No. Prepaid Funerals 2003
"contributor" means a person who enters into a
prepaid funeral agreement either for his or her
own benefit or the benefit of another person;
"custodian" means a person appointed to manage
the business of a funeral trust;
"Director" means the Director of Consumer Affairs
and Fair Trading;
"funeral business" means a business in the course
of which funeral services are supplied or
arranged but does not include cemetery sales
of burial plots, mausoleum sites or inurnment
sites;
"funeral services" means the provision of -
(a) all or part of any funeral, burial or
cremation service; or
(b) all or part of any services connected with
funeral, burial or cremation services -
and includes -
(c) the attendance of a person to assist with
arrangements for burial or cremation;
and
(d) the attendance of a person to assist with
the preparation of associated documents
and notices; and
(e) the transportation of the body of a
deceased person; and
(f) the use of mortuary facilities or services;
and
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2003 Prepaid Funerals No. s. 3
(g) the supply of any goods including a
coffin or casket; and
(h) the arrangements made for burial or
cremation of a deceased person; and
(i) the provision of a mobile graveside
chapel; and
(j) the provision of a lowering device for a
coffin or casket; and
(k) the preparation of the ashes of a
deceased person awaiting inurnment
and memorial arrangements;
"funeral trust" means a funeral trust established
under section 11;
"GST" has the same meaning as in the A New Tax
System (Goods and Services Tax) Act 1999 of
the Commonwealth;
"person" includes a partnership;
"prepaid funeral agreement" means an
agreement to supply funeral services, for
payment or other valuable consideration,
which is made before the death of the
recipient;
"recipient" means a person for whom funeral
services are intended to be provided;
"regulations" means regulations made and in force
under this Act;
"transferee" means a person carrying on a funeral
business to which the rights and obligations
arising from another funeral business are
transferred.
5
s. 4 No. Prepaid Funerals 2003
Objects of Act
4. The objects of this Act are -
(a) to protect the interests of persons who pay in
advance for intended funeral services for a
living person -
(i) by requiring that agreements for the
prepayment of funeral services are to be
in writing and to meet certain minimum
standards; and
(ii) by determining the persons who may
enter into an agreement for the
prepayment of funeral services on behalf
of any person; and
(iii) by requiring disclosure of certain
information before any such agreement
is made; and
(iv) by providing for the cancellation of such
agreements in certain circumstances
and for the refund of payments or the
transfer of obligations to provide funeral
services and rights to prepaid money;
and
(b) to protect the money paid by any person -
(i) by requiring the establishment of
funeral trusts for managing prepaid
money for funerals; and
(ii) by requiring all prepaid money to be
paid into a trust account managed by a
funeral trust; and
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2003 Prepaid Funerals No. s. 5
(iii) by requiring the appointment of a
custodian to administer each funeral
trust; and
(iv) by providing for the application of
surplus money from funeral trusts; and
(v) by requiring that funeral businesses and
funeral trusts provide annual audited
returns to the Director specifying the
number of prepaid funeral agreements
for which the businesses and trusts are
responsible, and the activities and
investments of the trusts.
Application of Act
5. (1) Subject to subsection (2), this Act applies to all
prepaid funeral agreements whether entered into before or
after the commencement of this Act.
(2) In the case of a prepaid funeral agreement
entered into before the commencement of this Act -
(a) sections 7, 8(6) and (7), 9, 16 to 19 (both
inclusive) and 21 to 29 (both inclusive) apply
to the agreement on and after that
commencement; and
(b) the remaining provisions of this Act apply to
the agreement on the expiration of a period of
12 months starting on that commencement.
7
s. 6 No. Prepaid Funerals 2003
PART 2 - DISCLOSURE OF PRE-CONTRACTUAL
INFORMATION
Disclosure of information before prepaid funeral
agreement
6. (1) A person must not, in the course of a funeral
business, enter into a prepaid funeral agreement unless he
or she first provides to the contributor and the recipient
the following information:
(a) the full details of the funeral business;
(b) the name of the contributor and the usual
residential address of the contributor;
(c) the name of the recipient and the usual
residential address of the recipient;
(d) the name of the prepaid funeral trust to which
payments are to be made;
(e) full details of each funeral service to be
supplied and the costs of each service;
(f) full details of any goods, service or facility to
be supplied in connection with the funeral
service and the costs of each of the goods,
services and facilities;
(g) the due date for any payment or other
valuable consideration in respect of the
funeral services by the contributor and how
the payment or consideration is to be made or
given;
(h) where payments under the agreement are to
be made by instalment, the amount of each
8
2003 Prepaid Funerals No. s. 6
instalment and the date on which each
instalment is due;
(i) any terms or conditions applying to the
conduct of the funeral or to the provision of
other funeral services;
(j) any fees, brokerage or commission payable to
the funeral business or to any other person;
(k) the amount of any GST or other amount
payable by law by virtue of the agreement;
(l) any other information prescribed by the
regulations.
(2) A person must not provide any information
required under subsection (1) that is incorrect in a
material particular.
Penalty: Fine not exceeding 50 penalty units.
(3) A person must not make a prepaid funeral
agreement for another person without legal authority to
do so.
Penalty: Fine not exceeding 50 penalty units.
9
s. 7 No. Prepaid Funerals 2003
PART 3 - AGREEMENTS FOR PREPAID FUNERAL
SERVICES
Pre-existing prepaid funeral agreements
7. (1) Where, before the commencement of this section
and before the death of the recipient, a person carrying on
a funeral business has made a prepaid funeral agreement
in the course of that business and funeral services have
not been provided to the recipient, that person must,
within 12 months after that commencement, pay all
money received under that agreement to a funeral trust
and provide to the contributor and the recipient the
information specified in section 6(1).
(2) A person must not provide any information
required under subsection (1) that is incorrect in a
material particular.
Penalty: Fine not exceeding 50 penalty units.
(3) The Director may exempt a person from the
requirement in subsection (1) and may impose on that
person and the custodian of the relevant funeral trust any
conditions that the Director thinks fit.
(4) A person carrying on a funeral business and a
custodian of a funeral trust must comply with a condition
imposed by the Director under this section that is
applicable to him or her.
Penalty: Fine not exceeding 50 penalty units.
(5) Any money paid to a person carrying on a
funeral business under an agreement referred to in
subsection (1) is, subject to this Act, to be held in trust for
the contributor and is subject to the Trustee Act 1898.
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2003 Prepaid Funerals No. s. 8
(6) Within 3 months after the commencement of this
section, a person carrying on a funeral business must
notify the Director in writing of all prepaid funeral
agreements that have been made in the course of that
business stating full details of all money paid under the
agreements, the manner in which that money has been
invested and any other information that the Director may
require.
Penalty: Fine not exceeding 10 penalty units.
Prepaid funeral agreements
8. (1) A person must not in the course of a funeral
business supply or arrange for the supply of any funeral
services except in accordance with a prepaid funeral
agreement made in accordance with this Part.
Penalty: Fine not exceeding 50 penalty units.
(2) A prepaid funeral agreement is to be in writing,
signed by each party to the agreement, and is to contain
any information prescribed by the regulations, which
information may form part of the agreement or may be
given in a separate document at the time when the
agreement is made.
(3) If the information is set out in an attachment to
the agreement, reference is to be made in the agreement to
the attachment.
(4) Within 7 days after making the agreement, the
person carrying on the funeral business must give a copy
of the signed agreement to the contributor.
Penalty: Fine not exceeding 10 penalty units.
(5) The agreement is to be printed in a font size of at
least 10 points.
11
s. 9 No. Prepaid Funerals 2003
(6) Any provision in a prepaid funeral agreement
which permits the price for any funeral services to be
increased is void.
(7) Subsection (6) does not prevent the provision of
additional funeral services for which additional charges
are payable.
Termination of prepaid funeral agreement
9. (1) A contributor may, by notice in writing to a person
carrying on a funeral business, terminate a prepaid
funeral agreement on any of the following grounds:
(a) that the recipient has ceased to be ordinarily
resident in Tasmania;
(b) that the marital status of the recipient has
changed;
(c) that in the opinion of the Director it is
unreasonable in all the circumstances that the
agreement should continue in force;
(d) that the continued payment of instalments
would cause serious hardship for the
contributor;
(e) that the funeral business has ceased to carry
on business and is unable to provide the
funeral;
(f) that a funeral service is not required or has
already been provided in respect of the
recipient.
(2) A person carrying on a funeral business may, by
notice in writing to the contributor and the recipient,
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2003 Prepaid Funerals No. s. 10
terminate a prepaid funeral agreement on either of the
following grounds:
(a) that the funeral business has ceased to carry
on business or is wound up;
(b) that the funeral business is unable to provide
the funeral service for reasons that were not
reasonably foreseeable at the time the
agreement was made.
Duty to deposit payments into trust account
10. Within 7 days after receiving any money under a
prepaid funeral agreement, a person carrying on the
funeral business must deposit that money in an approved
funeral trust.
Penalty: Fine not exceeding 100 penalty units.
Establishment of funeral trust
11. (1) A person carrying on a funeral business in the
course of which prepaid funeral services are intended to be
provided must establish a funeral trust for the purposes of
this Act.
(2) The name of the funeral trust is to be the name
of the business followed by the words "prepaid funeral
trust", or any other name approved by the Director.
(3) The terms of the funeral trust are to be approved
by the Director who may impose conditions on the
approval if he or she considers it necessary or expedient to
do so for the purposes of this Act.
(4) The Director may revoke an approval if satisfied
that -
13
s. 12 No. Prepaid Funerals 2003
(a) an offence against this Act has, or may have,
been committed or is likely to be committed; or
(b) an investigation is being, or is to be, conducted
into the funeral trust and the Director
considers it appropriate to revoke the
approval; or
(c) a condition of the approval has not been
complied with.
(5) On the revocation of an approval, the Director
must notify the trustee of the funeral trust and any person
who has deposited money with the trust of the revocation
and the reasons for it.
Appointment of custodian
12. (1) A funeral trust is of no effect unless it provides for
a custodian to act as manager of the trust's business.
(2) A custodian must not have any interest in any
funeral business that is a beneficiary of a funeral trust
and the custodian must not otherwise be a beneficiary of
the trust.
(3) The responsibilities of a custodian are to
ensure -
(a) that payments by the funeral trust are made
only in accordance with this Act and a prepaid
funeral agreement; and
(b) that funds held by the funeral trust are
invested in accordance with the Trustee Act
1898; and
(c) that the funeral trust is administered in
accordance with this or any other Act.
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2003 Prepaid Funerals No. s. 13
(4) All investments made or held by a funeral trust
are to be held in the name of the custodian on behalf of the
funeral trust.
(5) A person must not hold an investment of a
funeral trust in his or her own name without authority
under this Act.
Penalty: Fine not exceeding 10 penalty units.
Register of funeral trusts
13. (1) The Director is to maintain a register of all funeral
trusts approved under this Act.
(2) The register is to contain such particulars of the
funeral trust and of the custodian as the Director thinks
fit and is to be available for public inspection at the office
of the Director at all times during normal business hours
without charge.
(3) If the custodian or any other person concerned in
the management of a funeral trust is convicted of an
offence against this Act or any other offence involving
dishonesty, the Director is to remove particulars of the
funeral trust from the register.
Trust accounts
14. (1) A custodian of a funeral trust must establish a
trust account and ensure that all money paid under any
prepaid funeral agreement is paid into that account.
Penalty: Fine not exceeding 50 penalty units.
(2) Where a trust account is established under this
Act, the name of the trust account is to include the
15
s. 15 No. Prepaid Funerals 2003
registered name of the relevant funeral trust and is to be
approved by the Director.
Duty of funeral trust to refund payments
15. (1) Where a prepaid funeral agreement is terminated
under this Act, a person carrying on the funeral business
must immediately notify the custodian of the relevant
funeral trust of the termination.
(2) On receiving notification, the custodian must
make any payments to a contributor or recipient as are
required by this Act within 14 days or any longer period
allowed by the Director, less -
(a) any reasonable costs as prescribed by the
regulations; and
(b) any amounts properly payable to the funeral
business.
(3) If any payment from a funeral trust is required
under subsection (2), a person carrying on the relevant
funeral business must immediately notify the custodian of
the funeral trust.
Penalty: Fine not exceeding 5 penalty units.
Investments of funeral trust
16. (1) A custodian must invest in accordance with the
Trustee Act 1898 any money paid, or any other valuable
consideration received, in respect of a funeral trust.
Penalty: Fine not exceeding 50 penalty units.
(2) The value of any investment made by the funeral
trust, including the amount invested and any earnings,
16
2003 Prepaid Funerals No. s. 17
dividends or interest on that investment, is the property of
the funeral trust and in any accounting of the value of the
funeral trust is to be apportioned annually.
(3) A person who is not a custodian or acting on the
authority of a custodian may not authorise investments,
payments, withdrawals or transfer of any assets or
investments of the funeral trust.
Penalty: Fine not exceeding 50 penalty units.
Payments from funeral trust
17. (1) A custodian must not pay any money out of a
funeral trust unless the payment is made -
(a) to a person carrying on a funeral business for
provision of funeral services under the prepaid
funeral agreement following the death of the
recipient; or
(b) to the contributor or recipient on the
termination of a prepaid funeral agreement by
the person carrying on the relevant funeral
business in accordance with this Act; or
(c) where a transferee carries on business in
Tasmania, to the transferee's funeral trust in
accordance with this Act or, where the
transferee carries on business in a State or a
Territory other than Tasmania, to the
transferee; or
(d) for the payment of reasonable expenses
incurred by the custodian in the
administration of the funeral trust and
investments of the funeral trust.
Penalty: Fine not exceeding 100 penalty units.
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s. 17 No. Prepaid Funerals 2003
(2) A trustee of a funeral trust must not make a
payment from the funds of the trust otherwise than in
accordance with this Act.
Penalty: Fine not exceeding 100 penalty units.
(3) Where an offence has been committed in respect
of the payment of money from a funeral trust, a
magistrate may, on the application of a contributor,
custodian or other interested person, direct such
reimbursement of the funeral trust as would be required
to restore -
(a) any payments improperly made from the
trust; and
(b) any other loss to the trust that arose from that
improper payment.
(4) Where a payment out of a funeral trust is made
following the death of a recipient, the custodian must
make the payment to the person carrying on the relevant
funeral business but the amount paid is not to exceed an
amount required for -
(a) the funeral business to provide the funeral
services required under the prepaid funeral
agreement; and
(b) any additional amount of GST payable for
goods and services provided under the
agreement.
(5) Where a payment out of a funeral trust is made
following termination of a prepaid funeral agreement by
the contributor in accordance with this Act, the payment is
to be made to the contributor and is to include -
(a) the total of any payments made by the
contributor; and
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2003 Prepaid Funerals No. s. 17
(b) an amount representing a reasonable
proportion of the earnings made on
investments by the trust, having regard to the
time that funds have been deposited in the
trust account and the proportion of the total
funeral trust represented by the contributor's
payments into the trust -
after any proper deduction is made for -
(c) a reasonable proportion of the costs for the
administration of the funeral trust and of
investments by the trust, including costs of
annual audit, having regard to the time that
funds have been held by the trust and the
proportion of the total funeral trust
represented by the contributor's payments into
the trust; and
(d) any other amount debited and payable to the
relevant funeral business in accordance with
this Act and the prepaid funeral agreement.
(6) Where a payment is made on termination of a
prepaid funeral agreement as a result of the relevant
funeral business being unable to provide the funeral
services, the custodian must make the payment to the
contributor or recipient, and the payment is not to be less
than the amount that would have been payable if the
contributor had terminated the agreement.
(7) Where a payment is made to a transferee in
accordance with this Act, the custodian is to make the
payment -
(a) where the transferee carries on business in
Tasmania, to the transferee's funeral trust; or
19
s. 18 No. Prepaid Funerals 2003
(b) where the transferee carries on business in a
State or a Territory other than Tasmania, to
the transferee.
(8) Any payment to a transferee is to be the same
amount as would have been payable if the contributor had
terminated the agreement.
Insolvency of funeral business
18. If -
(a) a person carrying on a funeral business
becomes insolvent or ceases to carry on that
business; and
(b) the obligations under prepaid funeral
agreements made by that funeral business are
not transferred to another funeral business -
the person must transfer all the property and investments
of the funeral trust to the contributors or recipients in
accordance with this Act.
Penalty: Fine not exceeding 100 penalty units.
Duty to maintain register
19. (1) A custodian of a funeral trust must maintain a
register of prepaid funeral agreements which records -
(a) the name and address of each contributor; and
(b) the name and address of each recipient; and
(c) a sequential file number corresponding to each
prepaid funeral agreement into which a
20
2003 Prepaid Funerals No. s. 19
person carrying on a funeral business has
entered; and
(d) the date on which each payment was received
by a person carrying on a funeral business
from each contributor and the amount of each
payment; and
(e) the name of the funeral trust to which any
money or valuable consideration received by a
person carrying on a funeral business is paid
or transferred; and
(f) the date when the agreement is terminated or
transferred or the date when the funeral
service is provided in respect of a recipient.
(2) A person who is a custodian of a funeral trust
must maintain proper accounts for the funeral trust
showing -
(a) the name of the trust account and the name of
the institution at which the trust account is
held; and
(b) all investments made on behalf of the funeral
trust and income, dividends or other earnings
received in respect of those investments; and
(c) money and other consideration received by the
custodian in respect of each recipient; and
(d) expenses incurred by the custodian in the
administration and management of the
funeral trust; and
(e) payments from the funeral trust that are
made on account of a recipient or on account of
a termination of a prepaid funeral agreement
21
s. 20 No. Prepaid Funerals 2003
to a transferee or to a funeral business
following provision of funeral services; and
(f) any other accounting records normally
required to be kept by a trustee.
Penalty: Fine not exceeding 50 penalty units.
Value of funeral trust
20. (1) On each fifth anniversary of the establishment of a
funeral trust, the custodian must cause the value of the
funeral trust to be determined by an approved accountant.
Penalty: Fine not exceeding 50 penalty units.
(2) The accountant must determine the total value
of the assets and the liabilities of the funeral trust and
provide a report to the custodian accordingly.
Annual returns
21. (1) A person carrying on a funeral business must
before 31 August in each year lodge with the Director a
return for the period ending on 30 June in that year
stating -
(a) the total number of prepaid funeral
agreements between contributors that he or
she has made where the funeral services have
not yet been supplied; and
(b) the name and location of any funeral trust into
which payments under those agreements have
been made; and
(c) the total amount of all contributions to the
funeral trust; and
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2003 Prepaid Funerals No. s. 22
(d) a statement whether a register in respect of
the funeral business has been maintained in
accordance with section 19.
(2) The custodian of a funeral trust must before
31 August in each year lodge with the Director an annual
return for the previous financial year including -
(a) a statement of the estimated value of the
funeral trust or, where a value has been
determined in accordance with this Act, the
actual value of the funeral trust; and
(b) a report by an auditor in respect of the funeral
trust stating whether the custodian has, in the
opinion of the auditor, kept proper accounting
records in respect of the funeral trust and has
maintained a register in accordance with
section 19; and
(c) such statements as in the opinion of the
auditor are adequate to explain the financial
transactions of the funeral trust both during
and at the end of that financial year and the
financial position of the funeral trust at the
end of that financial year.
Penalty: Fine not exceeding 100 penalty units.
Assignment of agreements and funds
22. Where payments under a prepaid funeral agreement
are held by a funeral trust, a person carrying on the
funeral business may assign his or her rights and
obligations under the agreement to another funeral
business.
23
s. 23 No. Prepaid Funerals 2003
Death of recipient before completion of payments
under agreement
23. (1) Where a prepaid funeral agreement provides for
payment by instalments and the recipient dies before the
payment of the final instalment, the person carrying on
the funeral business must provide funeral services as if
the final instalment had been made.
Penalty: Fine not exceeding 50 penalty units.
(2) Subsection (1) does not affect the liability of any
personal representative of the recipient for any amount
due under the agreement.
Disputes about payment of funds
24. In the event of any dispute arising under a prepaid
funeral agreement or arising from any payments out of a
funeral trust or the provision of funeral services, a
magistrate may on the application of a contributor,
recipient or personal representative of a recipient make -
(a) an order for the payment of money from a
funeral trust; and
(b) any consequential orders that the magistrate
considers appropriate.
Restriction on withdrawal of funds
25. (1) If -
(a) the Director has reason to believe that a
funeral trust is not being managed in a
manner consistent with this Act; or
24
2003 Prepaid Funerals No. s. 26
(b) a custodian or a person carrying on a funeral
business has contravened this Act; or
(c) a requirement for a return under this Act has
not been met and it is desirable to prohibit
payment from a funeral trust during the
course of an investigation -
the Director may make an order preventing any further
withdrawal of money from any account or investment held
in respect of the funeral trust or the funeral business for
such time as he or she thinks fit.
(2) A person carrying on a funeral business or a
custodian must comply with an order made under this
section.
Penalty: Fine not exceeding 100 penalty units.
Copy of records
26. A person carrying on a funeral business and a
custodian must keep copies of -
(a) all prepaid funeral agreements; and
(b) all records relating to payments by
contributors under the agreements; and
(c) all records relating to a trust account or
investment made by a funeral trust -
for a period of not less than 7 years after the agreement is
performed or terminated.
25
s. 27 No. Prepaid Funerals 2003
Director may require audit
27. (1) If the Director believes it appropriate to do so, the
Director may, by notice in writing given to a person
carrying on a funeral business or a custodian, require the
person or custodian to conduct an audit of a funeral trust
within 28 days after the notice is given.
(2) An audit required by the Director under
subsection (1) is to provide such information as the
Director considers appropriate to satisfy the purposes of
this Act.
(3) A person carrying on a funeral business or a
custodian must comply with the requirements of this
section.
Penalty: Fine not exceeding 100 penalty units.
26
2003 Prepaid Funerals No. s. 28
PART 4 - MISCELLANEOUS AND SUPPLEMENTAL
Liability for offences against Act
28. (1) Where there is a contravention of a provision of
this Act by a funeral business, the person carrying on the
funeral business may be convicted of an offence against
that provision unless he or she satisfies the court that the
act or omission constituting the offence took place without
his or her knowledge or consent.
(2) Where a body corporate is charged with an
offence against this Act, a director of the body corporate or
any other person who is concerned with, or takes part in,
the management of the body corporate may be charged
with the same offence and, if the body corporate is
convicted of the offence, any person charged with the same
offence under this section may be convicted of that offence
unless he or she satisfies the court that the act or omission
constituting the offence took place without his or her
knowledge or consent.
Regulations
29. (1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may -
(a) prescribe particulars of the information
required under section 8(2) as to the rights
and obligations of a person carrying on a
funeral business and a contributor; and
27
s. 30 No. Prepaid Funerals 2003
(b) provide for the obligations of the custodian of a
funeral trust to make a payment as required
under section 15; and
(c) exempt a deposit scheme or class of deposit
schemes which are subject to alternative
prudential regulation from the application of
this Act or any provision of this Act; and
(d) specify the circumstances under which any
money invested in a funeral trust is to be
applied including, without limitation, on the
death of, or on termination by, the contributor
or termination by the person carrying on the
funeral business; and
(e) exempt a person carrying on a funeral
business from the application of any provision
of this Act for a specified period.
Administration of Act
30. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990 -
(a) the administration of this Act is assigned to
the Minister for Justice and Industrial
Relations; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Justice and Industrial
Relations.
28
2003 Prepaid Funerals No. s. 31
Consumer Affairs Act 1988 amended
31. The Consumer Affairs Act 1988 is amended as follows:
(a) by inserting in section 3A ", the Prepaid
Funerals Act 2003" after "Consumer Credit
(Tasmania) Code";
(b) by inserting in section 16(3) ", the Prepaid
Funerals Act 2003" after "Consumer Credit
(Tasmania) Code";
(c) by inserting in section 16(4) ", the Prepaid
Funerals Act 2003" after "Consumer Credit
(Tasmania) Code".
Government Printer, Tasmania 29