{"id":"qld:sl-2022-0005","name":"Fair Trading (Funeral Pricing) Regulation 2022","slug":"fair-trading-funeral-pricing-regulation-2022","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173776,"registerId":"qld-sl-2022-0005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Fair Trading (Funeral Pricing) Regulation 2022 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 July 2022.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definition","content":"### sec.3 Definition\n\nIn this regulation—\nfuneral director means a person who, for reward, arranges the collection, transport, storage, preparation or embalming of bodies for the purpose of burying or cremating the bodies.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Requirements to provide information","content":"# Requirements to provide information","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Display and provision of funeral information to prospective customers","content":"### sec.4 Display and provision of funeral information to prospective customers\n\nA funeral director must prominently display the funeral information in relation to the goods and services offered for supply by the funeral director—\nat each place of business of the funeral director; and\non any public website maintained by the funeral director.\nMaximum penalty—20 penalty units.\nSubsection (3) applies if a person asks a funeral director about the goods and services offered for supply by the funeral director.\nThe funeral director must give the person the funeral information in relation to the goods and services offered for supply by the funeral director before the earlier of the following—\nthe expiry of 48 hours after the person asked for the information or, if a longer period is agreed between the funeral director and the person, the longer period;\nan agreement is entered into with the person for the supply of goods and services by the funeral director.\nMaximum penalty—20 penalty units.\nIn this section—\nfuneral information , in relation to the supply of goods and services by a funeral director for the burial or cremation of a body, means all of the following information—\nthe price for the following goods or services offered by the funeral director—\nthe transport of the body before burial or cremation;\nthe storage of the body at a mortuary or holding room;\nthe hire of a refrigeration plate;\neach type of coffin, casket or shroud, or the price range for all coffins, caskets or shrouds, offered for supply by the funeral director;\nthe care and preparation of the body before burial or cremation;\na viewing of the body before burial or cremation;\nthe arrangement and conduct of a funeral service, including the hire of a venue;\nthe burial or cremation of the body;\nthe location of the mortuary or crematorium used by the funeral director;\nif the funeral director does not own or manage the mortuary or crematorium mentioned in paragraph (b) —the name of the owner or manager of the mortuary or crematorium;\na reasonable estimate of the following disbursements—\nthe cost of obtaining a death certificate from the registrar under the Births, Deaths and Marriages Registration Act 2003 ;\nthe costs of obtaining any certificates or permits required under an Act in relation to the body, including, for example, a permission to cremate the body under the Cremations Act 2003 , section 6 ;\nany fee charged by a cemetery or crematorium for the burial or cremation of a body;\nthe price of the least expensive combination of goods and services offered by the funeral director for the burial or cremation of a body;\nhow a body is transported by the funeral director before burial or cremation.\n(sec.4-ssec.1) A funeral director must prominently display the funeral information in relation to the goods and services offered for supply by the funeral director— at each place of business of the funeral director; and on any public website maintained by the funeral director. Maximum penalty—20 penalty units.\n(sec.4-ssec.2) Subsection (3) applies if a person asks a funeral director about the goods and services offered for supply by the funeral director.\n(sec.4-ssec.3) The funeral director must give the person the funeral information in relation to the goods and services offered for supply by the funeral director before the earlier of the following— the expiry of 48 hours after the person asked for the information or, if a longer period is agreed between the funeral director and the person, the longer period; an agreement is entered into with the person for the supply of goods and services by the funeral director. Maximum penalty—20 penalty units.\n(sec.4-ssec.4) In this section— funeral information , in relation to the supply of goods and services by a funeral director for the burial or cremation of a body, means all of the following information— the price for the following goods or services offered by the funeral director— the transport of the body before burial or cremation; the storage of the body at a mortuary or holding room; the hire of a refrigeration plate; each type of coffin, casket or shroud, or the price range for all coffins, caskets or shrouds, offered for supply by the funeral director; the care and preparation of the body before burial or cremation; a viewing of the body before burial or cremation; the arrangement and conduct of a funeral service, including the hire of a venue; the burial or cremation of the body; the location of the mortuary or crematorium used by the funeral director; if the funeral director does not own or manage the mortuary or crematorium mentioned in paragraph (b) —the name of the owner or manager of the mortuary or crematorium; a reasonable estimate of the following disbursements— the cost of obtaining a death certificate from the registrar under the Births, Deaths and Marriages Registration Act 2003 ; the costs of obtaining any certificates or permits required under an Act in relation to the body, including, for example, a permission to cremate the body under the Cremations Act 2003 , section 6 ; any fee charged by a cemetery or crematorium for the burial or cremation of a body; the price of the least expensive combination of goods and services offered by the funeral director for the burial or cremation of a body; how a body is transported by the funeral director before burial or cremation.\n- (a) at each place of business of the funeral director; and\n- (b) on any public website maintained by the funeral director.\n- (a) the expiry of 48 hours after the person asked for the information or, if a longer period is agreed between the funeral director and the person, the longer period;\n- (b) an agreement is entered into with the person for the supply of goods and services by the funeral director.\n- (a) the price for the following goods or services offered by the funeral director— (i) the transport of the body before burial or cremation; (ii) the storage of the body at a mortuary or holding room; (iii) the hire of a refrigeration plate; (iv) each type of coffin, casket or shroud, or the price range for all coffins, caskets or shrouds, offered for supply by the funeral director; (v) the care and preparation of the body before burial or cremation; (vi) a viewing of the body before burial or cremation; (vii) the arrangement and conduct of a funeral service, including the hire of a venue; (viii) the burial or cremation of the body;\n- (i) the transport of the body before burial or cremation;\n- (ii) the storage of the body at a mortuary or holding room;\n- (iii) the hire of a refrigeration plate;\n- (iv) each type of coffin, casket or shroud, or the price range for all coffins, caskets or shrouds, offered for supply by the funeral director;\n- (v) the care and preparation of the body before burial or cremation;\n- (vi) a viewing of the body before burial or cremation;\n- (vii) the arrangement and conduct of a funeral service, including the hire of a venue;\n- (viii) the burial or cremation of the body;\n- (b) the location of the mortuary or crematorium used by the funeral director;\n- (c) if the funeral director does not own or manage the mortuary or crematorium mentioned in paragraph (b) —the name of the owner or manager of the mortuary or crematorium;\n- (d) a reasonable estimate of the following disbursements— (i) the cost of obtaining a death certificate from the registrar under the Births, Deaths and Marriages Registration Act 2003 ; (ii) the costs of obtaining any certificates or permits required under an Act in relation to the body, including, for example, a permission to cremate the body under the Cremations Act 2003 , section 6 ; (iii) any fee charged by a cemetery or crematorium for the burial or cremation of a body;\n- (i) the cost of obtaining a death certificate from the registrar under the Births, Deaths and Marriages Registration Act 2003 ;\n- (ii) the costs of obtaining any certificates or permits required under an Act in relation to the body, including, for example, a permission to cremate the body under the Cremations Act 2003 , section 6 ;\n- (iii) any fee charged by a cemetery or crematorium for the burial or cremation of a body;\n- (e) the price of the least expensive combination of goods and services offered by the funeral director for the burial or cremation of a body;\n- (f) how a body is transported by the funeral director before burial or cremation.\n- (i) the transport of the body before burial or cremation;\n- (ii) the storage of the body at a mortuary or holding room;\n- (iii) the hire of a refrigeration plate;\n- (iv) each type of coffin, casket or shroud, or the price range for all coffins, caskets or shrouds, offered for supply by the funeral director;\n- (v) the care and preparation of the body before burial or cremation;\n- (vi) a viewing of the body before burial or cremation;\n- (vii) the arrangement and conduct of a funeral service, including the hire of a venue;\n- (viii) the burial or cremation of the body;\n- (i) the cost of obtaining a death certificate from the registrar under the Births, Deaths and Marriages Registration Act 2003 ;\n- (ii) the costs of obtaining any certificates or permits required under an Act in relation to the body, including, for example, a permission to cremate the body under the Cremations Act 2003 , section 6 ;\n- (iii) any fee charged by a cemetery or crematorium for the burial or cremation of a body;","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Provision of information to consumers about proposed agreement","content":"### sec.5 Provision of information to consumers about proposed agreement\n\nA funeral director must not enter into an agreement with a person in relation to the supply of goods and services for the burial or cremation of a body unless the funeral director has given the following information to the person—\nthe price of each of the particular goods and services that will be supplied to the person under the agreement;\nthe cost of any disbursements that will be payable by the person under the agreement;\nthe total amount that will be payable by the person under the agreement.\nMaximum penalty—20 penalty units.\n- (a) the price of each of the particular goods and services that will be supplied to the person under the agreement;\n- (b) the cost of any disbursements that will be payable by the person under the agreement;\n- (c) the total amount that will be payable by the person under the agreement.","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4(3)(a)","severity":"medium","reasoning":"Funeral arrangements are almost always time-critical due to legal obligations around timely disposal of remains. A provision permitting delay beyond 48 hours by mutual agreement undermines the consumer protection purpose of the regulation. In practice, a vulnerable consumer is unlikely to be in a position to meaningfully negotiate such an extension, making the carve-out largely illusory and potentially exploitable by funeral directors seeking to defer disclosure.","confidence":0.72,"description":"The 48-hour disclosure window can be extended by mutual agreement, but the triggering event is a person asking about funeral services — typically in a crisis situation immediately following a death. The provision for 'a longer period agreed between the funeral director and the person' creates an absurd negotiation scenario where a grieving family must actively negotiate an extension of time to receive pricing information they urgently need."},{"type":"other","section":"sec.4(4)(a)(iv)","severity":"medium","reasoning":"The legislative intent is clearly price transparency. Permitting a price range as an alternative to itemised pricing creates an escape valve that renders the disclosure obligation almost meaningless for the single largest variable cost item in a funeral. A range of $500 to $10,000 technically complies but provides no actionable information to a consumer.","confidence":0.81,"description":"The regulation requires disclosure of either 'each type of coffin, casket or shroud' at a specific price OR 'the price range for all coffins, caskets or shrouds'. These are presented as alternatives, but a price range without individual item pricing is meaningless for comparison purposes and arguably defeats the consumer protection purpose. The 'or' construction permits a funeral director to satisfy the requirement by simply stating, for example, '$500–$10,000', disclosing nothing useful."},{"type":"impossible_compliance","section":"sec.4(4)(e)","severity":"high","reasoning":"Without a defined minimum set of goods and services required for a lawful burial or cremation, the 'least expensive combination' could theoretically be a single item (e.g., a shroud alone, at $50) that is wholly insufficient for actual disposal of remains. Conversely, if read to require a legally sufficient combination, the regulation fails to specify what that entails, leaving funeral directors and enforcement bodies without a workable standard.","confidence":0.85,"description":"The requirement to disclose 'the price of the least expensive combination of goods and services offered by the funeral director for the burial or cremation of a body' is logically indeterminate. A funeral director offering, say, 10 goods and 8 services theoretically has an astronomically large number of possible combinations. The regulation provides no criteria for what constitutes a 'combination' — whether it must be legally sufficient for burial/cremation, include minimum required items, or cover any arbitrary subset — making compliance objectively uncertain."},{"type":"other","section":"sec.3","severity":"medium","reasoning":"The disjunctive 'or' in the definition means each activity listed is independently sufficient to constitute a 'funeral director'. A hospital that arranges storage of a body pending next-of-kin notification, or a courier company that transports bodies between mortuaries, would technically qualify and be required to display funeral pricing information at their place of business — an absurd and unintended outcome.","confidence":0.76,"description":"The definition of 'funeral director' captures any person who 'for reward, arranges the collection, transport, storage, preparation or embalming of bodies'. The use of 'or' means a person who solely arranges transport of bodies — such as a medical transport company or hospital mortuary — is potentially captured by the definition and subject to all pricing disclosure obligations, even though they do not conduct funerals."},{"type":"impossible_compliance","section":"sec.4(4)(d)","severity":"medium","reasoning":"Cemetery and crematorium fees are set by third parties and may vary depending on timing, availability, and specific requirements. Section 4 sensibly requires only estimates, but section 5 requires the 'cost' — implying certainty — before the agreement is signed. This forces funeral directors to either delay entering agreements (potentially causing legal and logistical problems with body disposal timelines) or state figures they cannot guarantee, exposing them to liability.","confidence":0.78,"description":"The regulation requires only a 'reasonable estimate' of disbursements including cemetery or crematorium fees, but section 5 requires disclosure of 'the cost of any disbursements that will be payable by the person under the agreement' prior to entering an agreement. The shift from 'reasonable estimate' to 'cost' between sections creates an impossible standard: a funeral director cannot know exact third-party disbursements at the time of contracting, yet must state them as costs rather than estimates."}],"contradictions":[{"severity":"high","section_a":"sec.4(4)(d) — 'reasonable estimate' of disbursements","section_b":"sec.5(b) — 'the cost of any disbursements that will be payable'","confidence":0.88,"description":"Section 4(4)(d) requires funeral directors to provide only a 'reasonable estimate' of disbursements in the general pricing disclosure, whereas section 5(b) requires disclosure of 'the cost' of disbursements before entering an agreement. The former anticipates approximation; the latter implies a precise, binding figure. These conflicting standards apply to the same disbursements and the same transaction, creating an irreconcilable tension about what standard of certainty is required at the pre-contractual stage."},{"severity":"low","section_a":"sec.4(1) — mandatory display at each place of business and on public website","section_b":"sec.4(3) — provision of information only triggered by a person asking","confidence":0.65,"description":"Section 4(1) imposes a proactive, continuous obligation to display funeral information publicly. Section 4(3) imposes a reactive obligation triggered only when a person asks. If the section 4(1) obligation is properly fulfilled (pricing visibly displayed on websites and premises), section 4(3) is arguably redundant in most cases. However, the maximum penalties are identical (20 penalty units each), creating a contradiction in regulatory emphasis: a funeral director who fully complies with proactive display under s4(1) may still technically breach s4(3) if they fail to separately 'give' the information upon request, even if the information is already visible to the person."},{"severity":"medium","section_a":"sec.4(4)(a)(iv) — price range permitted for coffins/caskets/shrouds","section_b":"sec.4(4)(e) — price of least expensive combination of goods and services","confidence":0.82,"description":"Section 4(4)(a)(iv) permits a funeral director to disclose only a price range (rather than individual prices) for coffins, caskets or shrouds. However, section 4(4)(e) requires disclosure of the price of the least expensive combination of goods and services. If the coffin price is only disclosed as a range, it is impossible to accurately calculate and disclose the least expensive combination price required by paragraph (e), since the coffin is a core component of any such combination. These two requirements cannot be simultaneously satisfied in a meaningful way."}]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument establishes standalone, prospective information‑disclosure obligations for funeral directors supplying burial or cremation services. It defines who is regulated (s.3) and the required disclosures (ss.4–5). There is no provision in the text that amends or narrows an existing regulatory scope; the regulation sets these specific transparency requirements and links certain estimates to fees under other Acts (s.4(4)(d))."},"complexity_factors":["Defined scope limited to 'funeral director' as person who, for reward, arranges collection, transport, storage, preparation or embalming of bodies (s.3) — simple but specific.","Detailed list of prescribed information to disclose (prices for transport, storage, refrigeration plate hire, coffin types or ranges, preparation, viewing, service arrangements, burial/cremation, location and owner/manager of mortuary/crematorium, least expensive package, how bodies are transported) increases drafting length and compliance checks (s.4(4)).","Timing and form requirements: prominent public display at premises and on public websites; furnishing information within 48 hours of request or before an agreement — introduces operational deadlines (s.4(1)–(3)).","Itemisation requirement immediately before contracting: must give per-item prices, disbursements and total amount (s.5) — affects contract processes and point‑of‑sale procedures.","Penalties: fixed maximum penalty (20 penalty units) for breaches creates enforcement risk and cost exposure (ss.4,5).","Cross-references to other Acts for estimating disbursements (Births, Deaths and Marriages Registration Act 2003; Cremations Act 2003) introduce dependency on external fee structures when preparing estimates (s.4(4)(d))."],"plain_english_summary":"This regulation requires funeral directors to display and supply clear, itemised price and service information to prospective customers (ss.3–5). Information must be prominent at business premises and on public websites, provided within 48 hours if requested, and an itemised price, disbursements estimate and total must be given before any agreement; breaches attract a 20‑penalty‑unit fine. The rule shifts compliance duties to funeral directors and gives consumers standardised price signals when arranging burial or cremation services (ss.4–5)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: price transparency in the funeral industry. It has not expanded into areas like quality standards, licensing requirements, or dispute resolution mechanisms."},"complexity_factors":["Only 1 defined term ('funeral director') in the interpretation section","Single substantive obligation in Part 2 (Section 4) with two main requirements (display and provision)","No nested exceptions or conditional logic beyond basic timing triggers ('before the earlier of...')","Straightforward list structure for 'funeral information' requirements (8 specific items plus sub-items)","No cross-references to other legislation except incidental mentions of the Births, Deaths and Marriages Registration Act 2003 and Cremations Act 2003 for context","Total length is approximately 2 pages of substantive content","Penalty structure is uniform (20 penalty units throughout)"],"plain_english_summary":"This regulation forces funeral directors in Queensland to be upfront about their prices so grieving families aren't ripped off or surprised by hidden costs.\n\n**What it does:**\n- **Makes funeral directors display prices clearly** — both at their physical premises and on any website they run. No more hunting around or awkward phone calls just to get basic cost information.\n- **Sets a 48-hour deadline** — if someone asks for pricing info, the funeral director must provide it within two days (or sooner if they agree), and definitely before any contract is signed.\n- **Forces detailed quotes before signing** — funeral directors can't lock you into a contract until they've itemised exactly what you're paying for, listed any third-party costs (like cemetery fees or death certificates), and told you the total bill.\n\n**Who it affects:**\n- **Funeral directors** — anyone who arranges body collection, transport, storage, preparation or embalming for burial or cremation. They face fines (up to 20 penalty units, roughly $3,000+) for breaking these rules.\n- **Consumers** — anyone arranging a funeral, typically family members dealing with a recent death who are emotionally vulnerable and financially exposed.\n\n**Why it matters:**\nFunerals are expensive (often $5,000–$15,000+) and people usually arrange them under stress and time pressure. Historically, some operators exploited this by hiding costs or upselling unnecessary services. This law brings funeral pricing into the open, lets people compare options, and ensures they know the cheapest package available before committing. It's about consumer protection during one of life's hardest moments."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation is narrowly and consistently focused on its stated purpose: requiring funeral directors to disclose pricing information to consumers. There is no evidence of scope creep — every provision directly serves the goal of funeral pricing transparency."},"complexity_factors":["Multiple layered disclosure obligations (public display, on-request provision, pre-contract disclosure) with different timing requirements","Detailed definition of 'funeral information' contains numerous sub-items requiring compliance tracking","Cross-references to other ACT legislation (Births, Deaths and Marriages Registration Act 2003; Cremations Act 2003) for context on disbursements","Distinction between 'disbursements' (third-party costs) and direct service prices adds a layer of categorisation","Flexible 48-hour timeframe with a mutual agreement override creates a variable compliance window"],"plain_english_summary":"This regulation requires funeral directors in the ACT to be transparent about prices—displaying detailed price lists at premises and online and providing full cost breakdowns (including third‑party disbursements and the cheapest available package) before a contract is signed. It protects grieving families from hidden fees and unexpected charges; non‑compliance can attract fines."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-funeral-pricing-regulation-2022","history":"/api/acts/fair-trading-funeral-pricing-regulation-2022/history","analysis":"/api/acts/fair-trading-funeral-pricing-regulation-2022/analysis","conflicts":"/api/acts/fair-trading-funeral-pricing-regulation-2022/conflicts","importantCases":"/api/acts/fair-trading-funeral-pricing-regulation-2022/important-cases","documents":"/api/acts/fair-trading-funeral-pricing-regulation-2022/documents"}}