{"id":"qld:act-1982-072","name":"Funeral Benefit Business Act 1982","slug":"funeral-benefit-business-act-1982","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"72 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105005,"registerId":"qld-act-1982-072-current","compilationNumber":null,"startDate":"2026-04-03","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 Act may be cited as the Funeral Benefit Business Act 1982 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.\nExcept as provided by subsection (1) , this Act shall commence on a day appointed by proclamation.\n(sec.2-ssec.1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty.\n(sec.2-ssec.2) Except as provided by subsection (1) , this Act shall commence on a day appointed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.3 Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\nUnless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector has under this Act.\ns 3 prev s 3 om 6 June 1994 RA s 36\npres s 3 ins 2014 No. 8 s 114\n(sec.3-ssec.1) The Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.3-ssec.2) Unless this Act otherwise provides in relation to the FTI Act , the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector has under this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 om 1993 No. 82 s 3 sch 1","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nIn this Act—\nactuary means—\na Fellow or Associate of the Institute of Actuaries (London); or\na Fellow or Associate of the Faculty of Actuaries (Edinburgh); or\na Fellow of the Institute of Actuaries of Australia; or\nany other person possessing actuarial knowledge and experience satisfactory to the Governor in Council and approved of by the Governor in Council as being an actuary accordingly.\namendment of a rule ...\ns 5 def amendment of a rule om 1995 No. 58 s 4 sch 1\napproved form means a form approved by the chief executive under section 89 .\ns 5 def approved form ins 1995 No. 58 s 4 sch 1\nsub 2003 No. 73 s 140 (2)\nauthorised accountant means—\na person registered as an auditor under part 9.2 of the Corporations Act ; or\na member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\na member of Chartered Accountants Australia and New Zealand who is entitled to use the letters ‘CA’ or ‘FCA’; or\na member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or\na person possessing qualifications in accountancy and approved by the chief executive.\ns 5 def authorised accountant ins 1990 No. 85 s 5 sch 2\namd 1993 No. 82 s 3 sch 1 ; 2001 No. 45 s 29 sch 3 ; 2005 No. 14 s 2 sch ; 2006 No. 9 s 21 ; 2013 No. 39 s 43 sch 1 ; 2023 No. 23 s 76 (1)\nauthorised investment manager means an entity that carries on a business, regulated by Commonwealth or State legislation, of investing money for another person.\ns 5 def authorised investment manager ins 2003 No. 73 s 140 (1)\nbenefit means funeral benefit.\ns 5 def benefit ins 2003 No. 73 s 140 (1)\ncontributor means any person who makes a payment or makes periodical contributions in the form of payments, by whatever name known, to an entity in respect of funeral benefits provided or to be provided by the entity.\ns 5 def contributor amd 2003 No. 73 s 140 (3) – (4)\ncorporation —\ngenerally, has the meaning given by the Corporations Act , but does not include an exempt body within the meaning of that Act; and\nfor part 5 , see section 49 .\ns 5 def corporation sub 1995 No. 58 s 4 sch 1\namd 2001 No. 45 s 29 sch 3 ; 2002 No. 13 s 42\nsub 2003 No. 73 s 140 (5)\ncourt means the Supreme Court or a judge thereof.\nDirector-General ...\ns 5 def Director-General ins 1990 No. 85 s 5 sch 2\nom 1993 No. 82 s 3 sch 1\nFTI Act see section 3 (1) .\ns 5 def FTI Act ins 2014 No. 8 s 115 (2)\nfund see section 9 (1) .\ns 5 def fund ins 1999 No. 29 s 50 sch\nfuneral benefit means the provision, for any contributor or other person for whom or on whose behalf a payment or contributions is or are made, of—\nfuneral, burial or cremation services with or without any other services or benefits connected therewith; or\nthe costs and expenses, or a part thereof, of such funeral, burial or cremation services including, in the case of the provision of connected services or benefits, the costs and expenses, or a part thereof, of such other services or benefits;\nand, without limiting the generality of the foregoing, includes the provision for any contributor or other person as aforesaid of any 1 or more of the following or of the costs and expenses or a part of the costs and expenses thereof, that is to say—\nthe attendance of a funeral services consultant to assist with arrangements for burial or cremation and the preparation of associated documents;\nthe transportation of the body of the deceased by a funeral director;\nmortuary facilities and the services of a funeral director and the funeral director’s staff;\na casket supplied by a funeral director;\narrangements for burial or cremation including arrangements for the purchase of an interment site or interment rights or an inurnment site or inurnment rights;\na mobile graveside chapel;\na casket-lowering device;\nthe preparation of ashes awaiting inurnment and memorial arrangements;\nany other service or benefit or thing prescribed by regulation to be a service or benefit or thing for the purpose of this paragraph (the contributor or other person being hereby thereunto authorised).\ns 5 def funeral benefit amd 1993 No. 82 s 3 sch 1 ; 2003 No. 73 s 140 (6)\nfuneral benefit agreement means an agreement, for the supply of a funeral benefit, between a contributor and an entity.\ns 5 def funeral benefit agreement ins 2003 No. 73 s 140 (1)\nfuneral benefit business means business providing a funeral benefit, but does not include any case of the sale of an interment site or interment rights only or an inurnment site or inurnment rights only or of the opening or closing of any such site.\ninspector means a person who holds office under the FTI Act as an inspector for this Act.\ns 5 def inspector amd 1993 No. 82 s 3 sch 1\nsub 2014 No. 8 s 115\nnominated property see section 25 .\ns 5 def nominated property ins 2003 No. 73 s 140 (1)\npart 3 corporation means a corporation to which repealed section 7 applied.\ns 5 def part 3 corporation ins 2003 No. 73 s 140 (1)\npart 4 corporation means a corporation, other than a part 3 corporation, registered under this Act immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , section 139 , to carry on a funeral benefit business.\nThe Second-hand Dealers and Pawnbrokers Act 2003 , section 139 commenced on 1 December 2003.\ns 5 def part 4 corporation ins 2003 No. 73 s 140 (1)\namd 2023 No. 23 s 76 (2)\npublic accountant ...\ns 5 def public accountant om 1990 No. 85 s 5 sch 2\nQCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\ns 5 def QCAT information notice ins 2009 No. 24 s 549\nregistered corporation means a part 3 corporation or part 4 corporation.\ns 5 def registered corporation ins 2003 No. 73 s 140 (1)\nregistrar means the registrar of funeral benefit businesses under section 6 .\ns 5 def registrar ins 1993 No. 82 s 3 sch 1\nsub 2005 No. 14 s 2 sch\nrepealed section 7 means section 7 as in force immediately before its repeal by the Statute Law Revision Act 1995 , section 4 , schedule 1 and to which, under section 5 (3) and schedule 9 of that Act, the Acts Interpretation Act 1954 , section 20A applies.\ns 5 def repealed section 7 ins 2003 No. 73 s 140 (1)\nSchedule 3 ...\ns 5 def Schedule 3 om 1995 No. 57 s 4 sch 1\nthe Minister ...\ns 5 def the Minister sub 1990 No. 80 s 3 sch 6\nom 1993 No. 82 s 3 sch 1\nthe Registrar ...\ns 5 def the Registrar om 1993 No. 82 s 3 sch 1\nvaluer means a registered valuer within the meaning of the Valuers Registration Act 1992 .\ns 5 def valuer sub 1993 No. 82 s 3 s ch 1\ns 5 amd 1999 No. 27 s 76 sch s 5\n- (a) a Fellow or Associate of the Institute of Actuaries (London); or\n- (b) a Fellow or Associate of the Faculty of Actuaries (Edinburgh); or\n- (c) a Fellow of the Institute of Actuaries of Australia; or\n- (d) any other person possessing actuarial knowledge and experience satisfactory to the Governor in Council and approved of by the Governor in Council as being an actuary accordingly.\n- (a) a person registered as an auditor under part 9.2 of the Corporations Act ; or\n- (b) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or\n- (c) a member of Chartered Accountants Australia and New Zealand who is entitled to use the letters ‘CA’ or ‘FCA’; or\n- (d) a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or\n- (e) a person possessing qualifications in accountancy and approved by the chief executive.\n- (a) generally, has the meaning given by the Corporations Act , but does not include an exempt body within the meaning of that Act; and\n- (b) for part 5 , see section 49 .\n- (a) funeral, burial or cremation services with or without any other services or benefits connected therewith; or\n- (b) the costs and expenses, or a part thereof, of such funeral, burial or cremation services including, in the case of the provision of connected services or benefits, the costs and expenses, or a part thereof, of such other services or benefits;\n- (c) the attendance of a funeral services consultant to assist with arrangements for burial or cremation and the preparation of associated documents;\n- (d) the transportation of the body of the deceased by a funeral director;\n- (e) mortuary facilities and the services of a funeral director and the funeral director’s staff;\n- (f) a casket supplied by a funeral director;\n- (g) arrangements for burial or cremation including arrangements for the purchase of an interment site or interment rights or an inurnment site or inurnment rights;\n- (h) a mobile graveside chapel;\n- (i) a casket-lowering device;\n- (j) the preparation of ashes awaiting inurnment and memorial arrangements;\n- (k) any other service or benefit or thing prescribed by regulation to be a service or benefit or thing for the purpose of this paragraph (the contributor or other person being hereby thereunto authorised).","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"The registrar","content":"# The registrar","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Registrar","content":"### sec.6 Registrar\n\nThe chief executive is the registrar of funeral benefit businesses.\ns 6 sub 1993 No. 82 s 3 sch 1 ; 1996 No. 37 s 147 sch 2 ; 2005 No. 14 s 2 sch","sortOrder":7},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Delegation by registrar","content":"### sec.6A Delegation by registrar\n\nThe registrar may delegate the registrar’s powers under this Act to an officer or employee of the department.\ns 6A ins 1993 No. 82 s 3 sch 1","sortOrder":8},{"sectionNumber":"sec.6B","sectionType":"section","heading":"Appointment of inspectors","content":"### sec.6B Appointment of inspectors\n\ns 6B ins 1994 No. 15 s 3 sch 1\nom 2014 No. 8 s 117","sortOrder":9},{"sectionNumber":"sec.6C","sectionType":"section","heading":"Inspector’s identity card","content":"### sec.6C Inspector’s identity card\n\ns 6C ins 1994 No. 15 s 3 sch 1\nom 2014 No. 8 s 117","sortOrder":10},{"sectionNumber":"sec.6D","sectionType":"section","heading":"Production of inspector’s identity card","content":"### sec.6D Production of inspector’s identity card\n\ns 6D ins 1994 No. 15 s 3 sch 1\nom 2014 No. 8 s 117","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Existing agreements with corporations registered at commencement of this Act","content":"# Existing agreements with corporations registered at commencement of this Act","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"Saving provision with respect to funeral benefit business of certain corporations","content":"### sec.7 Saving provision with respect to funeral benefit business of certain corporations\n\ns 7 om 1995 No. 57 s 4 sch 1\nAIA s 20A applies (see 1995 No. 57 s 5 (3) sch 9 )","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application of pt 3","content":"### sec.8 Application of pt 3\n\nThis part applies to a part 3 corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , section 139 .\nThe Second-hand Dealers and Pawnbrokers Act 2003 , section 139 commenced on 1 December 2003.\ns 8 prev s 8 om 1995 No. 57 s 4 sch 1\nAIA s 20A applies (see 1995 No. 57 s 5 (3) sch 9 )\npres s 8 ins 2003 No. 73 s 142\namd 2023 No. 23 s 77","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Funeral Benefit Trust Fund","content":"### sec.9 Funeral Benefit Trust Fund\n\nThe Funeral Benefit Trust Fund (the fund ) is continued in existence.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nHowever, amounts received for the fund must be deposited in a departmental financial-institution account of the department used only for amounts received for the fund.\nThe registrar must administer the fund.\nIn this section—\ndepartmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\ns 9 amd 1995 No. 57 s 4 sch 1 ; 1999 No. 29 s 50 sch ; 2009 No. 9 s 136 sch 1 ; 2013 No. 25 s 34\n(sec.9-ssec.1) The Funeral Benefit Trust Fund (the fund ) is continued in existence.\n(sec.9-ssec.2) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.9-ssec.3) However, amounts received for the fund must be deposited in a departmental financial-institution account of the department used only for amounts received for the fund.\n(sec.9-ssec.4) The registrar must administer the fund.\n(sec.9-ssec.5) In this section— departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Trustees are statutory body","content":"### sec.10 Trustees are statutory body\n\ns 10 orig s 10 om 1995 No. 57 s 4 sch 1\nAIA s 20A applies (see 1995 No. 57 s 5 (3) sch 9 )\nprev s 10 ins 1996 No. 54 s 9 sch\nom 2013 No. 25 s 35","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Investment of moneys, allocation of interest and expenses etc.","content":"### sec.11 Investment of moneys, allocation of interest and expenses etc.\n\nSeparate accounts must continue to be kept identifying amounts and securities held for the funeral benefit business of each corporation.\nThe accounts must identify payments made under this part into the fund from the benefits trust funds of the corporations.\nInterest payable by the Treasury to the fund in respect of moneys not otherwise invested shall be at a rate determined from time to time by the Treasurer.\nInterest earned by investments from moneys in the fund or paid by the Treasury shall be paid into the fund and allocated proportionately to the respective accounts of the corporations concerned.\nAny expenses of administration of the fund shall be paid out of the fund and allocated proportionately as expenses among the respective accounts of the corporations concerned.\ns 11 amd 1993 No. 82 s 3 sch 1 ; 1995 No. 57 s 4 sch 1 ; 1996 No. 54 s 9 sch\n(sec.11-ssec.1) Separate accounts must continue to be kept identifying amounts and securities held for the funeral benefit business of each corporation.\n(sec.11-ssec.2) The accounts must identify payments made under this part into the fund from the benefits trust funds of the corporations.\n(sec.11-ssec.4) Interest payable by the Treasury to the fund in respect of moneys not otherwise invested shall be at a rate determined from time to time by the Treasurer.\n(sec.11-ssec.5) Interest earned by investments from moneys in the fund or paid by the Treasury shall be paid into the fund and allocated proportionately to the respective accounts of the corporations concerned.\n(sec.11-ssec.6) Any expenses of administration of the fund shall be paid out of the fund and allocated proportionately as expenses among the respective accounts of the corporations concerned.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 1993 No. 82 s 3 sch 1","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Annual report on operation of fund","content":"### sec.13 Annual report on operation of fund\n\nThe department’s annual report for a financial year must include a report about the operation of this Act during the year.\ns 13 amd 1993 No. 82 s 3 sch 1\nsub 1996 No. 79 s 46","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Benefits trust funds","content":"### sec.14 Benefits trust funds\n\nEach corporation shall maintain a trust fund (a ‘benefits trust fund’) in its name in a financial institution in the State in connection with the carrying on of funeral benefit business.\nMaximum penalty—2 penalty units.\nEach corporation shall pay into its benefits trust fund—\nall contributions paid to the corporation; and\nall moneys received from the fund; and\nany other moneys required to be paid therein or credited thereto pursuant to any provision of this Act;\nand moneys in the benefits trust fund shall be kept separate from any other moneys of the corporation and accounted for separately.\nMaximum penalty—2 penalty units.\nA corporation shall notify the registrar—\nin respect of a benefits trust fund maintained by it at the commencement of this Act—within 14 days of being required in writing by the registrar to do so; or\nin any case where it establishes a new benefits trust fund after the commencement of this Act—within 14 days of such establishment;\nthe following information, that is to say—\nthe name of the financial institution;\nthe identifying number of the account established in respect of the benefits trust fund;\nthe names of those persons authorised to operate the account established in respect of the benefits trust fund;\nsuch other information as may be prescribed.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) , (2) or (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) , (2) or (3) —1 penalty unit.\ns 14 amd 1997 No. 17 s 8 ; 2003 No. 73 s 143 ; 2005 No. 14 s 2 sch\n(sec.14-ssec.1) Each corporation shall maintain a trust fund (a ‘benefits trust fund’) in its name in a financial institution in the State in connection with the carrying on of funeral benefit business. Maximum penalty—2 penalty units.\n(sec.14-ssec.2) Each corporation shall pay into its benefits trust fund— all contributions paid to the corporation; and all moneys received from the fund; and any other moneys required to be paid therein or credited thereto pursuant to any provision of this Act; and moneys in the benefits trust fund shall be kept separate from any other moneys of the corporation and accounted for separately. Maximum penalty—2 penalty units.\n(sec.14-ssec.3) A corporation shall notify the registrar— in respect of a benefits trust fund maintained by it at the commencement of this Act—within 14 days of being required in writing by the registrar to do so; or in any case where it establishes a new benefits trust fund after the commencement of this Act—within 14 days of such establishment; the following information, that is to say— the name of the financial institution; the identifying number of the account established in respect of the benefits trust fund; the names of those persons authorised to operate the account established in respect of the benefits trust fund; such other information as may be prescribed. Maximum penalty—2 penalty units.\n(sec.14-ssec.4) An offence against subsection (1) , (2) or (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) , (2) or (3) —1 penalty unit.\n- (a) all contributions paid to the corporation; and\n- (b) all moneys received from the fund; and\n- (c) any other moneys required to be paid therein or credited thereto pursuant to any provision of this Act;\n- (a) in respect of a benefits trust fund maintained by it at the commencement of this Act—within 14 days of being required in writing by the registrar to do so; or\n- (b) in any case where it establishes a new benefits trust fund after the commencement of this Act—within 14 days of such establishment;\n- (c) the name of the financial institution;\n- (d) the identifying number of the account established in respect of the benefits trust fund;\n- (e) the names of those persons authorised to operate the account established in respect of the benefits trust fund;\n- (f) such other information as may be prescribed.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Payment of moneys into the fund","content":"### sec.15 Payment of moneys into the fund\n\nAt the end of each calendar month, all moneys standing to the credit of the benefits trust fund of a corporation, save those received from the fund pursuant to section 16 and an amount representing the proportion of contributions referred to in section 17 (1) (e) , shall be transferred by the corporation to the fund.\nMaximum penalty—2 penalty units.\nSuch moneys thereupon form part of the fund.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\ns 15 amd 2003 No. 73 s 144 ; 2005 No. 14 s 2 sch ; 2013 No. 25 s 36\n(sec.15-ssec.1) At the end of each calendar month, all moneys standing to the credit of the benefits trust fund of a corporation, save those received from the fund pursuant to section 16 and an amount representing the proportion of contributions referred to in section 17 (1) (e) , shall be transferred by the corporation to the fund. Maximum penalty—2 penalty units.\n(sec.15-ssec.2) Such moneys thereupon form part of the fund.\n(sec.15-ssec.3) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Payments from the fund in respect of benefits","content":"### sec.16 Payments from the fund in respect of benefits\n\nThere shall be paid from the fund the value of benefits provided by a corporation to contributors or other persons for whom or on whose behalf contributions are made as provided for in the rules relating to the funeral benefit business of the corporation.\nThe corporation shall make periodical claims on the fund for the value of the benefit or benefits provided to contributors and others, including refunds to contributors as hereinafter provided, according to the rules relating to the business, and upon receipt of the corporation’s certificate in writing with respect to such value of benefit or benefits provided, the registrar must pay out of the fund so much of such claims as the registrar certifies is correct for payment to the corporation.\nWhere the funeral of a contributor or other person for whom or on whose behalf contributions are made is conducted by a funeral director other than the corporation in question, the registrar must, upon application as prescribed, pay out of the fund, in the manner and to the persons prescribed, the surrender value of the benefit provided by the corporation.\ns 16 amd 2013 No. 25 s 37\n(sec.16-ssec.1) There shall be paid from the fund the value of benefits provided by a corporation to contributors or other persons for whom or on whose behalf contributions are made as provided for in the rules relating to the funeral benefit business of the corporation.\n(sec.16-ssec.2) The corporation shall make periodical claims on the fund for the value of the benefit or benefits provided to contributors and others, including refunds to contributors as hereinafter provided, according to the rules relating to the business, and upon receipt of the corporation’s certificate in writing with respect to such value of benefit or benefits provided, the registrar must pay out of the fund so much of such claims as the registrar certifies is correct for payment to the corporation.\n(sec.16-ssec.3) Where the funeral of a contributor or other person for whom or on whose behalf contributions are made is conducted by a funeral director other than the corporation in question, the registrar must, upon application as prescribed, pay out of the fund, in the manner and to the persons prescribed, the surrender value of the benefit provided by the corporation.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of benefits trust fund and of the fund","content":"### sec.17 Application of benefits trust fund and of the fund\n\nSubject to this Act, the moneys standing to the credit of the benefits trust fund of a corporation, including moneys payable therein whether actually deposited at a financial institution or not, and the moneys in the account kept in the fund in respect of that corporation shall be applied in the manner hereinbefore provided only for or towards—\nthe provision of benefits for contributors or persons for whom or on whose behalf contributions have been made; and\nrefunds to contributors; and\nexpenses of administration of the fund as referred to in section 11 ; and\npayments as directed by the registrar; and\nprovision for the proportion of contributions allowable to the corporation for or in connection with the arrangement and operation of the funeral benefit business as provided by the corporation’s rules relating to the business; and\nprovision for the proportion of contributions allowable to the corporation for or in connection with the carrying out of the services pursuant to the contracts entered into with contributors whether before or after the commencement of this Act;\nand the moneys as aforesaid and securities standing to the credit of the corporation in the fund in respect of its funeral benefit business shall not be liable to be taken in execution under the order or process of any court at the instance of any creditor of the corporation.\nSubsection (1) applies despite the Corporations Act .\ns 17 amd 1997 No. 17 s 9 ; 2001 No. 45 s 29 sch s 2 – 3\n(sec.17-ssec.1) Subject to this Act, the moneys standing to the credit of the benefits trust fund of a corporation, including moneys payable therein whether actually deposited at a financial institution or not, and the moneys in the account kept in the fund in respect of that corporation shall be applied in the manner hereinbefore provided only for or towards— the provision of benefits for contributors or persons for whom or on whose behalf contributions have been made; and refunds to contributors; and expenses of administration of the fund as referred to in section 11 ; and payments as directed by the registrar; and provision for the proportion of contributions allowable to the corporation for or in connection with the arrangement and operation of the funeral benefit business as provided by the corporation’s rules relating to the business; and provision for the proportion of contributions allowable to the corporation for or in connection with the carrying out of the services pursuant to the contracts entered into with contributors whether before or after the commencement of this Act; and the moneys as aforesaid and securities standing to the credit of the corporation in the fund in respect of its funeral benefit business shall not be liable to be taken in execution under the order or process of any court at the instance of any creditor of the corporation.\n(sec.17-ssec.2) Subsection (1) applies despite the Corporations Act .\n- (a) the provision of benefits for contributors or persons for whom or on whose behalf contributions have been made; and\n- (b) refunds to contributors; and\n- (c) expenses of administration of the fund as referred to in section 11 ; and\n- (d) payments as directed by the registrar; and\n- (e) provision for the proportion of contributions allowable to the corporation for or in connection with the arrangement and operation of the funeral benefit business as provided by the corporation’s rules relating to the business; and\n- (f) provision for the proportion of contributions allowable to the corporation for or in connection with the carrying out of the services pursuant to the contracts entered into with contributors whether before or after the commencement of this Act;","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Payments from the fund in special circumstances","content":"### sec.18 Payments from the fund in special circumstances\n\nUpon application made in writing for the payment from the fund of a benefit in respect of a funeral benefit business or a surrender value of contributions paid to any such business or a refund, in whole or in part, of contributions paid to any such business, the registrar, if satisfied—\nthat the application is made in good faith by the applicant; and\nthat a payment of the type applied for would, in the circumstances, be just;\nmay make to the applicant, or to such other person as to the registrar may seem proper, a payment from the fund of such amount as the registrar may deem just notwithstanding any provision of this Act or of the registered rules of the business concerned or of the contract under which the contributions were paid and notwithstanding that no provision of this Act or of such registered rules or of such contract authorises or envisages such a payment to any person or to the person to whom the registrar proposes to make payment.\ns 18 amd 2013 No. 25 s 38\n- (a) that the application is made in good faith by the applicant; and\n- (b) that a payment of the type applied for would, in the circumstances, be just;","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Annual returns to be furnished by corporation","content":"### sec.19 Annual returns to be furnished by corporation\n\nWithin 4 months after the end of each financial year or within such extended period not exceeding 2 months as the registrar in a particular case determines (the registrar being hereby thereunto authorised), a corporation shall furnish to the registrar a return in the approved form containing such particulars as are prescribed and accompanied by the prescribed documents.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\ns 19 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 73 s 145\n(sec.19-ssec.1) Within 4 months after the end of each financial year or within such extended period not exceeding 2 months as the registrar in a particular case determines (the registrar being hereby thereunto authorised), a corporation shall furnish to the registrar a return in the approved form containing such particulars as are prescribed and accompanied by the prescribed documents. Maximum penalty—2 penalty units.\n(sec.19-ssec.2) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Quinquennial valuation","content":"### sec.20 Quinquennial valuation\n\nOnce at least in every 5 years the registrar shall, in relation to the funeral benefit business of a corporation, cause the assets thereof in the fund and the benefits trust fund, including moneys payable therein whether actually paid in or not, and the liabilities thereof required to be met from those funds, whether as benefits or otherwise, pursuant to this part to be valued by the State actuary.\nThe registrar may, after consultation with the State actuary, dispense with such a valuation for such period or periods as the registrar thinks fit in respect of a corporation where, having regard to the purposes or nature of the operations of the funeral benefit business carried on by it, the registrar deems such a valuation to be inapplicable or unnecessary for the period or periods in question.\nA corporation shall make available to the registrar such information, data, books, accounts, documents and other writings as the registrar may require for the purposes of the valuation.\nMaximum penalty—2 penalty units.\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit.\nOn the completion of the valuation the State actuary shall send to the registrar for transmission to the corporation an abstract of the results of the valuation and a report thereon.\nIn sections 21 and 22 , a reference to assets or to liabilities is a reference to assets or, as the case may be, liabilities as referred to in subsection (1) .\ns 20 amd 2003 No. 73 s 146\n(sec.20-ssec.1) Once at least in every 5 years the registrar shall, in relation to the funeral benefit business of a corporation, cause the assets thereof in the fund and the benefits trust fund, including moneys payable therein whether actually paid in or not, and the liabilities thereof required to be met from those funds, whether as benefits or otherwise, pursuant to this part to be valued by the State actuary.\n(sec.20-ssec.2) The registrar may, after consultation with the State actuary, dispense with such a valuation for such period or periods as the registrar thinks fit in respect of a corporation where, having regard to the purposes or nature of the operations of the funeral benefit business carried on by it, the registrar deems such a valuation to be inapplicable or unnecessary for the period or periods in question.\n(sec.20-ssec.3) A corporation shall make available to the registrar such information, data, books, accounts, documents and other writings as the registrar may require for the purposes of the valuation. Maximum penalty—2 penalty units.\n(sec.20-ssec.3A) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit.\n(sec.20-ssec.4) On the completion of the valuation the State actuary shall send to the registrar for transmission to the corporation an abstract of the results of the valuation and a report thereon.\n(sec.20-ssec.5) In sections 21 and 22 , a reference to assets or to liabilities is a reference to assets or, as the case may be, liabilities as referred to in subsection (1) .","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Where assets insufficient to meet liabilities","content":"### sec.21 Where assets insufficient to meet liabilities\n\nIf from the valuation it appears to the State actuary that the assets are insufficient to meet the liabilities, the State actuary shall inform the registrar who shall notify the corporation in writing, pointing out—\nthe apparent cause and the nature and extent of the deficiency; and\nthe nature and extent of the changes in respect of the funeral benefit business that will be necessary to ensure that the assets will be sufficient to meet the liabilities;\nand, upon the recommendation of the State actuary, the registrar may direct the corporation to effect such changes or take such action in respect of the business as the registrar may specify.\n- (a) the apparent cause and the nature and extent of the deficiency; and\n- (b) the nature and extent of the changes in respect of the funeral benefit business that will be necessary to ensure that the assets will be sufficient to meet the liabilities;","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Where assets more than sufficient to meet liabilities","content":"### sec.22 Where assets more than sufficient to meet liabilities\n\nIf from the valuation it appears to the State actuary that the assets are more than sufficient to meet the liabilities, the State actuary shall inform the registrar who shall notify the corporation in writing, pointing out—\nthe apparent cause and the nature and extent of the surplus; and\nthe nature and extent of the changes in respect of the funeral benefit business that will be necessary to enable the surplus to be reduced or eliminated;\nand, upon the recommendation of the State actuary, the registrar may direct the corporation to effect such changes or take such action in respect of the business as the registrar may specify.\nWhere the registrar is satisfied—\nthat the corporation, consequent on a valuation or valuations (including a valuation or valuations made before the commencement of this Act) revealing a deficiency or deficiencies in the part of the fund referable to the corporation or in the corporation’s benefits trust fund, including outstanding liabilities, has accepted payments of claims on the fund at amounts less than those to which the corporation would otherwise be entitled; and\nthat the acceptance of such amounts less than those to which the corporation would otherwise be entitled has contributed, in whole or in part, to a surplus in the part of the fund referable to the corporation;\nthe registrar, before making the notification referred to in subsection (1) in relation to a subsequent valuation (whether made before or after the commencement of this Act) that reveals a surplus, may certify in writing, according as the registrar deems fit and proper in all the circumstances, that so much of such surplus as is required to pay, in whole or in part, the amounts (or in the case of the second or any succeeding such subsequent valuation, the balance of the amounts not theretofore paid pursuant to this subsection) not paid, by reason of the aforementioned acceptance, shall be paid to the corporation.\nUpon receipt of a claim from the corporation and certifying an amount as being payable under subsection (2) , the registrar must pay to the corporation the amount certified by the registrar as being payable.\nThe registrar shall not be bound to notify, as required by subsection (1) , the corporation until the amount certified by the registrar as being payable has been paid to the corporation.\ns 22 amd 2003 No. 73 s 147 ; 2013 No. 25 s 39\n(sec.22-ssec.1) If from the valuation it appears to the State actuary that the assets are more than sufficient to meet the liabilities, the State actuary shall inform the registrar who shall notify the corporation in writing, pointing out— the apparent cause and the nature and extent of the surplus; and the nature and extent of the changes in respect of the funeral benefit business that will be necessary to enable the surplus to be reduced or eliminated; and, upon the recommendation of the State actuary, the registrar may direct the corporation to effect such changes or take such action in respect of the business as the registrar may specify.\n(sec.22-ssec.2) Where the registrar is satisfied— that the corporation, consequent on a valuation or valuations (including a valuation or valuations made before the commencement of this Act) revealing a deficiency or deficiencies in the part of the fund referable to the corporation or in the corporation’s benefits trust fund, including outstanding liabilities, has accepted payments of claims on the fund at amounts less than those to which the corporation would otherwise be entitled; and that the acceptance of such amounts less than those to which the corporation would otherwise be entitled has contributed, in whole or in part, to a surplus in the part of the fund referable to the corporation; the registrar, before making the notification referred to in subsection (1) in relation to a subsequent valuation (whether made before or after the commencement of this Act) that reveals a surplus, may certify in writing, according as the registrar deems fit and proper in all the circumstances, that so much of such surplus as is required to pay, in whole or in part, the amounts (or in the case of the second or any succeeding such subsequent valuation, the balance of the amounts not theretofore paid pursuant to this subsection) not paid, by reason of the aforementioned acceptance, shall be paid to the corporation.\n(sec.22-ssec.3) Upon receipt of a claim from the corporation and certifying an amount as being payable under subsection (2) , the registrar must pay to the corporation the amount certified by the registrar as being payable.\n(sec.22-ssec.4) The registrar shall not be bound to notify, as required by subsection (1) , the corporation until the amount certified by the registrar as being payable has been paid to the corporation.\n- (a) the apparent cause and the nature and extent of the surplus; and\n- (b) the nature and extent of the changes in respect of the funeral benefit business that will be necessary to enable the surplus to be reduced or eliminated;\n- (a) that the corporation, consequent on a valuation or valuations (including a valuation or valuations made before the commencement of this Act) revealing a deficiency or deficiencies in the part of the fund referable to the corporation or in the corporation’s benefits trust fund, including outstanding liabilities, has accepted payments of claims on the fund at amounts less than those to which the corporation would otherwise be entitled; and\n- (b) that the acceptance of such amounts less than those to which the corporation would otherwise be entitled has contributed, in whole or in part, to a surplus in the part of the fund referable to the corporation;","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Corporation to change rules","content":"### sec.23 Corporation to change rules\n\nUpon a direction being given by the registrar to a corporation pursuant to section 21 or 22 , the corporation, if it be necessary, shall amend forthwith the registered rules of the funeral benefit business carried on by it and shall make such other changes and take such action as may be necessary to give effect to such direction.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\nWithout limiting the types of changes that the registrar may direct to be effected under section 21 or 22 and without limiting the registrar’s discretion in that regard, the registrar may direct changes in respect of all or any of the following matters notwithstanding any provision of this Act or any of the registered rules of the funeral benefit business concerned or the provisions of any contract entered into in respect of a benefit to be provided by or through that business, that is to say—\nthe contributions to be paid to such business;\nthe benefits payable by such business;\nthe basis on which or the method by which the surrender value of contributions paid to such business is computed;\nthe proportion of contributions to be utilised as management expenses in such business;\nthe manner of conducting such business;\nthe payments to be made out of the fund in respect of such business.\ns 23 amd 2003 No. 73 s 148\n(sec.23-ssec.1) Upon a direction being given by the registrar to a corporation pursuant to section 21 or 22 , the corporation, if it be necessary, shall amend forthwith the registered rules of the funeral benefit business carried on by it and shall make such other changes and take such action as may be necessary to give effect to such direction. Maximum penalty—2 penalty units.\n(sec.23-ssec.1A) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\n(sec.23-ssec.2) Without limiting the types of changes that the registrar may direct to be effected under section 21 or 22 and without limiting the registrar’s discretion in that regard, the registrar may direct changes in respect of all or any of the following matters notwithstanding any provision of this Act or any of the registered rules of the funeral benefit business concerned or the provisions of any contract entered into in respect of a benefit to be provided by or through that business, that is to say— the contributions to be paid to such business; the benefits payable by such business; the basis on which or the method by which the surrender value of contributions paid to such business is computed; the proportion of contributions to be utilised as management expenses in such business; the manner of conducting such business; the payments to be made out of the fund in respect of such business.\n- (a) the contributions to be paid to such business;\n- (b) the benefits payable by such business;\n- (c) the basis on which or the method by which the surrender value of contributions paid to such business is computed;\n- (d) the proportion of contributions to be utilised as management expenses in such business;\n- (e) the manner of conducting such business;\n- (f) the payments to be made out of the fund in respect of such business.","sortOrder":29},{"sectionNumber":"pt.4","sectionType":"part","heading":"Existing agreements with corporations registered after the commencement of this Act","content":"# Existing agreements with corporations registered after the commencement of this Act","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application of pt 4","content":"### sec.24 Application of pt 4\n\nThis part applies to a part 4 corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , section 139 .\nThe Second-hand Dealers and Pawnbrokers Act 2003 , section 139 commenced on 1 December 2003.\ns 24 sub 2003 No. 73 s 150\namd 2023 No. 23 s 78","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Meaning of nominated property","content":"### sec.25 Meaning of nominated property\n\nNominated property , for a part 4 corporation, means—\nthe property, if any, that was the corporation’s nominated property for section 31 (the repealed section ) as in force immediately before its repeal by the Second-hand Dealers and Pawnbrokers Act 2003 ; and\nproperty nominated under section 44 (d) as nominated property or additional nominated property that would be nominated property for the repealed section were it not repealed.\nSection 31 was repealed by the Second-hand Dealers and Pawnbrokers Act 2003 on 1 December 2003.\ns 25 sub 2003 No. 73 s 150\namd 2023 No. 23 s 79\n- (a) the property, if any, that was the corporation’s nominated property for section 31 (the repealed section ) as in force immediately before its repeal by the Second-hand Dealers and Pawnbrokers Act 2003 ; and\n- (b) property nominated under section 44 (d) as nominated property or additional nominated property that would be nominated property for the repealed section were it not repealed.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 amd 1995 No. 58 s 4 sch 1\nom 2003 No. 73 s 150","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 om 2003 No. 73 s 150","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 2003 No. 73 s 150","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 amd 1990 No. 85 s 5 sch 2 ; 2001 No. 45 s 29 sch s 2 – 3\nom 2003 No. 73 s 150","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 amd 1990 No. 85 s 5 sch 2\nom 2003 No. 73 s 150","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 amd 1990 No. 85 s 5 sch 2 ; 1999 No. 69 s 7 sch\nom 2003 No. 73 s 150","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Provisions to be contained in rules","content":"### sec.32 Provisions to be contained in rules\n\nThe rules relating to the funeral benefit business of a part 4 corporation must contain provisions in respect of the following matters, that is to say—\nthe terms under which persons may become contributors, the scale and nature of benefits to be provided and the fines and forfeitures that may be imposed on contributors;\na provision in respect of the proportion of contributions of contributors allowable to the corporation for or in connection with the management and operation of the business;\nthe extent to which benefits have effect or are available after contributions cease to be paid or, alternatively, the proportion of the amount of contributions already paid that will be refunded to a contributor who desires to discontinue further contributions;\na provision that a funeral benefit consisting of the payment of money on the death of a contributor or other person for whom or on whose behalf contributions have been made for the purpose of meeting the whole or part of the expenses of and incidental to the funeral of that contributor or other person shall not exceed $1500 or such greater sum as may be prescribed from time to time, after discounting for any GST payable on any supply the payment relates to;\na surrender value of contributions of a contributor where contributions are up to date and a service to which the contributor is entitled in respect of those contributions is carried out by a funeral director other than the corporation;\nthe investment of the funds of the corporation that relate to its funeral benefit business (excluding moneys in or payable to the funeral benefit business trust fund account), the keeping of accounts and the audit of accounts by an authorised accountant at least once a year;\nthe manner of making, altering or rescinding rules;\nthe inspection of the books of the corporation by any contributor or a contributor’s legal personal representative;\nsuch other matters as are prescribed.\ns 32 amd 1990 No. 85 s 5 sch 2 ; 2000 No. 20 s 29 sch 3 ; 2003 No. 73 s 151\n- (a) the terms under which persons may become contributors, the scale and nature of benefits to be provided and the fines and forfeitures that may be imposed on contributors;\n- (b) a provision in respect of the proportion of contributions of contributors allowable to the corporation for or in connection with the management and operation of the business;\n- (c) the extent to which benefits have effect or are available after contributions cease to be paid or, alternatively, the proportion of the amount of contributions already paid that will be refunded to a contributor who desires to discontinue further contributions;\n- (d) a provision that a funeral benefit consisting of the payment of money on the death of a contributor or other person for whom or on whose behalf contributions have been made for the purpose of meeting the whole or part of the expenses of and incidental to the funeral of that contributor or other person shall not exceed $1500 or such greater sum as may be prescribed from time to time, after discounting for any GST payable on any supply the payment relates to;\n- (e) a surrender value of contributions of a contributor where contributions are up to date and a service to which the contributor is entitled in respect of those contributions is carried out by a funeral director other than the corporation;\n- (f) the investment of the funds of the corporation that relate to its funeral benefit business (excluding moneys in or payable to the funeral benefit business trust fund account), the keeping of accounts and the audit of accounts by an authorised accountant at least once a year;\n- (g) the manner of making, altering or rescinding rules;\n- (h) the inspection of the books of the corporation by any contributor or a contributor’s legal personal representative;\n- (i) such other matters as are prescribed.","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 amd 1990 No. 85 s 5 sch 2\nom 2003 No. 73 s 152","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 amd 1990 No. 85 s 5 sch 2 ; 1997 No. 17 s 10\nom 2003 No. 73 s 152","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2003 No. 73 s 152","sortOrder":42},{"sectionNumber":"sec.36","sectionType":"section","heading":"Certificate of registration","content":"### sec.36 Certificate of registration\n\nA certificate of registration issued to a corporation shall be displayed by it in a conspicuous place at its place of business or, if it has more than 1 place of business, at its principal place of business.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\ns 36 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 73 s 153\n(sec.36-ssec.1) A certificate of registration issued to a corporation shall be displayed by it in a conspicuous place at its place of business or, if it has more than 1 place of business, at its principal place of business. Maximum penalty—2 penalty units.\n(sec.36-ssec.2) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.","sortOrder":43},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 amd 1990 No. 85 s 5 sch 2 ; 1997 No. 17 s 11\nom 2003 No. 73 s 154","sortOrder":44},{"sectionNumber":"sec.38","sectionType":"section","heading":"Funeral benefit business trust fund account","content":"### sec.38 Funeral benefit business trust fund account\n\nA corporation registered under this part shall maintain in its name in a financial institution in the State in respect of the carrying on of funeral benefit business an account called a funeral benefit business trust fund account.\nMaximum penalty—2 penalty units.\nThe corporation shall pay into its funeral benefit business trust fund account—\nall contributions paid to it subsequent to registration; and\ninterest, rents, dividends or other income or returns required to be paid into or credited to the account pursuant to section 40 (3) ; and\nany other moneys required to be paid into or credited to the account pursuant to any provision of this Act;\nand moneys in the account shall be kept separate from any other moneys of the corporation and accounted for separately.\nMaximum penalty—2 penalty units.\nAn offence against subsections (1) or (2) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) or (2) —1 penalty unit.\ns 38 amd 1997 No. 17 s 12 ; 2003 No. 73 s 155\n(sec.38-ssec.1) A corporation registered under this part shall maintain in its name in a financial institution in the State in respect of the carrying on of funeral benefit business an account called a funeral benefit business trust fund account. Maximum penalty—2 penalty units.\n(sec.38-ssec.2) The corporation shall pay into its funeral benefit business trust fund account— all contributions paid to it subsequent to registration; and interest, rents, dividends or other income or returns required to be paid into or credited to the account pursuant to section 40 (3) ; and any other moneys required to be paid into or credited to the account pursuant to any provision of this Act; and moneys in the account shall be kept separate from any other moneys of the corporation and accounted for separately. Maximum penalty—2 penalty units.\n(sec.38-ssec.3) An offence against subsections (1) or (2) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) or (2) —1 penalty unit.\n- (a) all contributions paid to it subsequent to registration; and\n- (c) interest, rents, dividends or other income or returns required to be paid into or credited to the account pursuant to section 40 (3) ; and\n- (d) any other moneys required to be paid into or credited to the account pursuant to any provision of this Act;","sortOrder":45},{"sectionNumber":"sec.39","sectionType":"section","heading":"Funeral benefit business trust fund","content":"### sec.39 Funeral benefit business trust fund\n\nMoneys standing to the credit of the funeral benefit business trust fund account of a corporation (including moneys payable into the account whether actually deposited in a financial institution account or not), securities and property held consequent upon the investment of moneys pursuant to section 40 and, in an applicable case, nominated property of the corporation constitute the fund of the corporation, called the funeral benefit business trust fund.\ns 39 amd 1997 No. 17 s 13 ; 2003 No. 73 s 156","sortOrder":46},{"sectionNumber":"sec.40","sectionType":"section","heading":"Investment of moneys","content":"### sec.40 Investment of moneys\n\nMoneys standing to the credit of the funeral benefit business trust fund of a corporation may be invested by the corporation—\nunder the Trusts Act 1973 , part 3 ; or\nin an investment approved by the Governor in Council; or\nin improving any nominated property or any land purchased by it pursuant to the provisions of this subsection; or\nin altering, demolishing or rebuilding any building forming part of nominated property or on land purchased by it pursuant to the provisions of this subsection.\nHowever, not more than 75% of moneys standing to the credit of the fund or such other percentage thereof as may from time to time be prescribed may be utilised for purposes referred to in subsection (1) (c) and (d) .\nA corporation may from time to time vary any such investment.\nSubject to subsection (6) , a corporation must pay any interest, rent, dividend or other income or return derived from the investment of moneys under this section or from nominated property, immediately on its receipt, into the funeral benefit business trust fund account.\nMaximum penalty—2 penalty units.\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\nIn any case where moneys have been invested pursuant to subsection (1) in any land or building and no interest, rent, dividend or other income or return is derived therefrom or in any case where no interest, rent, dividend or other income or return is derived from nominated property, interest at a rate determined by the registrar after consultation with the State actuary on the amount so invested or on the value of the nominated property as assessed by the State actuary shall be credited annually to the funeral benefit business trust fund account by the corporation.\nIn subsection (4) , a reference to any land or building or nominated property from which no interest, rent, dividend or other income or return is derived includes a reference to a part of such land or building or nominated property from which no interest, rent, dividend or other income or return is derived although interest, rent, dividend or other income or return is derived from another part of such land or building or nominated property.\nIn any case where—\nmoneys have been invested pursuant to subsection (1) in any land or building and interest, rent, dividend or other income or return is derived therefrom; or\ninterest, rent, dividend or other income or return is derived from nominated property;\nat a rate or of an amount less than that determined by the registrar after consultation with the State actuary to be reasonable in the circumstances, interest, rent, dividend or other income or return that would be derived from any land, building or nominated property as aforesaid at the rate or of the amount so determined by the registrar to be reasonable in the circumstances shall be credited annually to the funeral benefit business trust fund account by the corporation in lieu of that actually derived.\ns 40 amd 1992 No. 12 s 66 sch ; 1993 No. 82 s 3 sch 1 ; 1999 No. 27 s 76 sch 1 ; 1999 No. 69 s 7 sch ; 2003 No. 19 s 3 sch ; 2003 No. 73 s 157 ; 2005 No. 14 s 2 sch\n(sec.40-ssec.1) Moneys standing to the credit of the funeral benefit business trust fund of a corporation may be invested by the corporation— under the Trusts Act 1973 , part 3 ; or in an investment approved by the Governor in Council; or in improving any nominated property or any land purchased by it pursuant to the provisions of this subsection; or in altering, demolishing or rebuilding any building forming part of nominated property or on land purchased by it pursuant to the provisions of this subsection.\n(sec.40-ssec.1A) However, not more than 75% of moneys standing to the credit of the fund or such other percentage thereof as may from time to time be prescribed may be utilised for purposes referred to in subsection (1) (c) and (d) .\n(sec.40-ssec.2) A corporation may from time to time vary any such investment.\n(sec.40-ssec.3) Subject to subsection (6) , a corporation must pay any interest, rent, dividend or other income or return derived from the investment of moneys under this section or from nominated property, immediately on its receipt, into the funeral benefit business trust fund account. Maximum penalty—2 penalty units.\n(sec.40-ssec.3A) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\n(sec.40-ssec.4) In any case where moneys have been invested pursuant to subsection (1) in any land or building and no interest, rent, dividend or other income or return is derived therefrom or in any case where no interest, rent, dividend or other income or return is derived from nominated property, interest at a rate determined by the registrar after consultation with the State actuary on the amount so invested or on the value of the nominated property as assessed by the State actuary shall be credited annually to the funeral benefit business trust fund account by the corporation.\n(sec.40-ssec.5) In subsection (4) , a reference to any land or building or nominated property from which no interest, rent, dividend or other income or return is derived includes a reference to a part of such land or building or nominated property from which no interest, rent, dividend or other income or return is derived although interest, rent, dividend or other income or return is derived from another part of such land or building or nominated property.\n(sec.40-ssec.6) In any case where— moneys have been invested pursuant to subsection (1) in any land or building and interest, rent, dividend or other income or return is derived therefrom; or interest, rent, dividend or other income or return is derived from nominated property; at a rate or of an amount less than that determined by the registrar after consultation with the State actuary to be reasonable in the circumstances, interest, rent, dividend or other income or return that would be derived from any land, building or nominated property as aforesaid at the rate or of the amount so determined by the registrar to be reasonable in the circumstances shall be credited annually to the funeral benefit business trust fund account by the corporation in lieu of that actually derived.\n- (a) under the Trusts Act 1973 , part 3 ; or\n- (b) in an investment approved by the Governor in Council; or\n- (c) in improving any nominated property or any land purchased by it pursuant to the provisions of this subsection; or\n- (d) in altering, demolishing or rebuilding any building forming part of nominated property or on land purchased by it pursuant to the provisions of this subsection.\n- (a) moneys have been invested pursuant to subsection (1) in any land or building and interest, rent, dividend or other income or return is derived therefrom; or\n- (b) interest, rent, dividend or other income or return is derived from nominated property;","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application of funeral benefit business trust fund","content":"### sec.41 Application of funeral benefit business trust fund\n\nSubject to this Act, the funeral benefit business trust fund shall be held for and applied towards—\nthe benefits provided by the corporation to contributors or other persons for whom or on whose behalf contributions have been made as provided for in the rules of the corporation, such benefits being payable pursuant to contracts entered into with contributors whether before or after the commencement of this Act;\npayments made pursuant to subsection (6) ;\nwhere the funeral, burial or cremation service or other service to be provided to the contributor or other person for whom or on whose behalf contributions have been made is provided by a funeral director or person other than the corporation in accordance with the contract in question, the payment of the surrender value of the contributions paid in respect of the business in accordance with subsection (6) ;\nprovision for the proportion of contributions allowable to the corporation for or in connection with the management and operation of the business as provided by the corporation’s rules relating to the business;\nprovision for the proportion of contributions allowable to the corporation for or in connection with the carrying out of the services pursuant to the contracts entered into with contributors whether before or after the commencement of this Act;\nsubject to subsection (2) , payment of rates and taxes on and of moneys for maintenance and upkeep of any land or building in respect of which moneys have been invested pursuant to section 40 or any nominated property;\nand, notwithstanding any other Act or law, the fund shall not be available for and shall not be applied, directly or indirectly, for any other purpose and, without limiting the generality of the foregoing, no part of the fund shall be liable to be taken in execution under the order or process of any court at the instance of any creditor of the corporation.\nSubsection (1) applies despite the Corporations Act .\nPayment made pursuant to subsection (1) (f) in relation to any particular land or building or any particular nominated property shall not exceed the amount of interest, rents, dividends or other income or returns derived therefrom less an amount calculated as interest on the amount invested pursuant to section 40 in respect of such land or building or on the value of such nominated property as assessed by the State actuary, such interest being at a rate determined by the registrar after consultation with the State actuary.\nIf provision can not be made in accordance with this part sufficiently out of the funeral benefit business trust fund to meet the payment of rates and taxes on and of moneys for maintenance and upkeep of any land or building in respect of which moneys have been invested pursuant to section 40 or any nominated property, the deficiency shall be made good from other moneys of the corporation.\nFor the purpose of the application of or otherwise dealing with the funeral benefit business trust fund in accordance with this section or pursuant to any other provision of this Act, the corporation may convert into money any part of the fund not consisting of money with the consent of the registrar first had and obtained, which consent may be given subject to such terms and conditions as to realisable amount and otherwise as the registrar thinks fit; and for the purpose of deciding whether or not the registrar will give consent and, if so, subject to what terms and conditions, the registrar may require the corporation to obtain the recommendation of an actuary and may consult with the State actuary.\nWhere the registrar is satisfied that any part of the funeral benefit business trust fund has been applied, directly or indirectly, for a purpose other than one specified in this section or one otherwise authorised by this Act, the registrar may direct in writing the corporation that or other person who so applied the part of the fund to restore the amount of money or the property or its value to the fund within the time notified in the writing.\nA corporation to which or other person to whom such a direction in writing is given shall comply with the terms thereof within the time specified therein.\nMaximum penalty—6 penalty units.\nUpon application made in writing to a corporation carrying on funeral benefit business for the payment from its funeral benefit business trust fund account of a benefit in respect of such business or a surrender value of contributions paid in respect of such business or a refund in whole or in part of contributions paid in respect of such business, the corporation, if satisfied—\nthat the application is made in good faith by the applicant; and\nthat a payment of the type applied for would in the circumstances be just;\nmay make to the applicant, or to such other person as to the corporation may seem proper, a payment from the funeral benefit business trust fund account of such amount as it may deem just notwithstanding any provision of this Act or of the registered rules of the funeral benefit business or of the contract under which the contributions were paid and notwithstanding that no provision of this Act or of such registered rules or of such contract authorises or envisages such a payment to any person or to the person to whom the corporation proposes to make payment.\nNothing, however, in subsection (6) authorises—\nthe payment, in a case where a service is provided, of an amount exceeding the amount applicable to that service; or\nthe payment of the amount of a surrender value of contributions paid other than such an amount calculated in accordance with the registered rules.\nA corporation registered to carry on funeral benefit business shall not, in connection with the carrying on of such business, borrow any money except that, for the temporary accommodation of the funeral benefit business trust fund account, it may obtain advances in such manner, to such extent and on such conditions as may be approved by the registrar.\nMaximum penalty—2 penalty units.\nSubject to this section, a corporation registered to carry on funeral benefit business shall not dispose of or mortgage, charge or otherwise encumber any property forming part of the funeral benefit business trust fund without the approval of the registrar first had and obtained.\nMaximum penalty—2 penalty units.\nIn determining whether he or she will grant approval as aforesaid, the registrar may require the corporation in question to obtain the recommendation of an actuary or authorised accountant or a valuer and may consult with the State actuary.\nNotwithstanding any other provision of this Act, a corporation registered to carry on funeral benefit business may, with the approval of the registrar first had and obtained, apply moneys from the funeral benefit business trust fund account for a purpose other than a purpose specified in subsection (1) provided that it is a purpose in connection with the carrying out of such business.\nIn determining whether he or she will grant approval as aforesaid, the registrar may require the corporation in question to obtain the recommendation of an actuary or authorised accountant or a valuer and may consult with the State actuary.\nSubject to subsection (11) , a transaction shall not be invalidated by reason only that it has been entered into in contravention of subsection (8) , but nothing in this subsection affects the liability of a corporation or any other person to a penalty in respect of any such contravention.\nThe court may, on the application of the registrar, make an order invalidating a transaction entered into in contravention of subsection (8) , but the court shall not make any such order if it is satisfied that the effect of the order (if made) would be to prejudice the rights of any person in respect of, or arising out of, the transaction which have been acquired in good faith and without knowledge of the contravention.\nAn offence against subsection (7) or (8) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (7) or (8) —1 penalty unit.\ns 41 amd 1990 No. 85 s 5 sch 2 ; 1993 No. 82 s 3 sch 1 ; 2001 No. 45 s 29 sch s 2 – 3 ; 2003 No. 73 s 158 ; 2005 No. 14 s 2 sch\n(sec.41-ssec.1) Subject to this Act, the funeral benefit business trust fund shall be held for and applied towards— the benefits provided by the corporation to contributors or other persons for whom or on whose behalf contributions have been made as provided for in the rules of the corporation, such benefits being payable pursuant to contracts entered into with contributors whether before or after the commencement of this Act; payments made pursuant to subsection (6) ; where the funeral, burial or cremation service or other service to be provided to the contributor or other person for whom or on whose behalf contributions have been made is provided by a funeral director or person other than the corporation in accordance with the contract in question, the payment of the surrender value of the contributions paid in respect of the business in accordance with subsection (6) ; provision for the proportion of contributions allowable to the corporation for or in connection with the management and operation of the business as provided by the corporation’s rules relating to the business; provision for the proportion of contributions allowable to the corporation for or in connection with the carrying out of the services pursuant to the contracts entered into with contributors whether before or after the commencement of this Act; subject to subsection (2) , payment of rates and taxes on and of moneys for maintenance and upkeep of any land or building in respect of which moneys have been invested pursuant to section 40 or any nominated property; and, notwithstanding any other Act or law, the fund shall not be available for and shall not be applied, directly or indirectly, for any other purpose and, without limiting the generality of the foregoing, no part of the fund shall be liable to be taken in execution under the order or process of any court at the instance of any creditor of the corporation.\n(sec.41-ssec.1A) Subsection (1) applies despite the Corporations Act .\n(sec.41-ssec.2) Payment made pursuant to subsection (1) (f) in relation to any particular land or building or any particular nominated property shall not exceed the amount of interest, rents, dividends or other income or returns derived therefrom less an amount calculated as interest on the amount invested pursuant to section 40 in respect of such land or building or on the value of such nominated property as assessed by the State actuary, such interest being at a rate determined by the registrar after consultation with the State actuary.\n(sec.41-ssec.3) If provision can not be made in accordance with this part sufficiently out of the funeral benefit business trust fund to meet the payment of rates and taxes on and of moneys for maintenance and upkeep of any land or building in respect of which moneys have been invested pursuant to section 40 or any nominated property, the deficiency shall be made good from other moneys of the corporation.\n(sec.41-ssec.4) For the purpose of the application of or otherwise dealing with the funeral benefit business trust fund in accordance with this section or pursuant to any other provision of this Act, the corporation may convert into money any part of the fund not consisting of money with the consent of the registrar first had and obtained, which consent may be given subject to such terms and conditions as to realisable amount and otherwise as the registrar thinks fit; and for the purpose of deciding whether or not the registrar will give consent and, if so, subject to what terms and conditions, the registrar may require the corporation to obtain the recommendation of an actuary and may consult with the State actuary.\n(sec.41-ssec.5) Where the registrar is satisfied that any part of the funeral benefit business trust fund has been applied, directly or indirectly, for a purpose other than one specified in this section or one otherwise authorised by this Act, the registrar may direct in writing the corporation that or other person who so applied the part of the fund to restore the amount of money or the property or its value to the fund within the time notified in the writing.\n(sec.41-ssec.5A) A corporation to which or other person to whom such a direction in writing is given shall comply with the terms thereof within the time specified therein. Maximum penalty—6 penalty units.\n(sec.41-ssec.6) Upon application made in writing to a corporation carrying on funeral benefit business for the payment from its funeral benefit business trust fund account of a benefit in respect of such business or a surrender value of contributions paid in respect of such business or a refund in whole or in part of contributions paid in respect of such business, the corporation, if satisfied— that the application is made in good faith by the applicant; and that a payment of the type applied for would in the circumstances be just; may make to the applicant, or to such other person as to the corporation may seem proper, a payment from the funeral benefit business trust fund account of such amount as it may deem just notwithstanding any provision of this Act or of the registered rules of the funeral benefit business or of the contract under which the contributions were paid and notwithstanding that no provision of this Act or of such registered rules or of such contract authorises or envisages such a payment to any person or to the person to whom the corporation proposes to make payment.\n(sec.41-ssec.6A) Nothing, however, in subsection (6) authorises— the payment, in a case where a service is provided, of an amount exceeding the amount applicable to that service; or the payment of the amount of a surrender value of contributions paid other than such an amount calculated in accordance with the registered rules.\n(sec.41-ssec.7) A corporation registered to carry on funeral benefit business shall not, in connection with the carrying on of such business, borrow any money except that, for the temporary accommodation of the funeral benefit business trust fund account, it may obtain advances in such manner, to such extent and on such conditions as may be approved by the registrar. Maximum penalty—2 penalty units.\n(sec.41-ssec.8) Subject to this section, a corporation registered to carry on funeral benefit business shall not dispose of or mortgage, charge or otherwise encumber any property forming part of the funeral benefit business trust fund without the approval of the registrar first had and obtained. Maximum penalty—2 penalty units.\n(sec.41-ssec.8A) In determining whether he or she will grant approval as aforesaid, the registrar may require the corporation in question to obtain the recommendation of an actuary or authorised accountant or a valuer and may consult with the State actuary.\n(sec.41-ssec.9) Notwithstanding any other provision of this Act, a corporation registered to carry on funeral benefit business may, with the approval of the registrar first had and obtained, apply moneys from the funeral benefit business trust fund account for a purpose other than a purpose specified in subsection (1) provided that it is a purpose in connection with the carrying out of such business.\n(sec.41-ssec.9A) In determining whether he or she will grant approval as aforesaid, the registrar may require the corporation in question to obtain the recommendation of an actuary or authorised accountant or a valuer and may consult with the State actuary.\n(sec.41-ssec.10) Subject to subsection (11) , a transaction shall not be invalidated by reason only that it has been entered into in contravention of subsection (8) , but nothing in this subsection affects the liability of a corporation or any other person to a penalty in respect of any such contravention.\n(sec.41-ssec.11) The court may, on the application of the registrar, make an order invalidating a transaction entered into in contravention of subsection (8) , but the court shall not make any such order if it is satisfied that the effect of the order (if made) would be to prejudice the rights of any person in respect of, or arising out of, the transaction which have been acquired in good faith and without knowledge of the contravention.\n(sec.41-ssec.12) An offence against subsection (7) or (8) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (7) or (8) —1 penalty unit.\n- (a) the benefits provided by the corporation to contributors or other persons for whom or on whose behalf contributions have been made as provided for in the rules of the corporation, such benefits being payable pursuant to contracts entered into with contributors whether before or after the commencement of this Act;\n- (b) payments made pursuant to subsection (6) ;\n- (c) where the funeral, burial or cremation service or other service to be provided to the contributor or other person for whom or on whose behalf contributions have been made is provided by a funeral director or person other than the corporation in accordance with the contract in question, the payment of the surrender value of the contributions paid in respect of the business in accordance with subsection (6) ;\n- (d) provision for the proportion of contributions allowable to the corporation for or in connection with the management and operation of the business as provided by the corporation’s rules relating to the business;\n- (e) provision for the proportion of contributions allowable to the corporation for or in connection with the carrying out of the services pursuant to the contracts entered into with contributors whether before or after the commencement of this Act;\n- (f) subject to subsection (2) , payment of rates and taxes on and of moneys for maintenance and upkeep of any land or building in respect of which moneys have been invested pursuant to section 40 or any nominated property;\n- (a) that the application is made in good faith by the applicant; and\n- (b) that a payment of the type applied for would in the circumstances be just;\n- (a) the payment, in a case where a service is provided, of an amount exceeding the amount applicable to that service; or\n- (b) the payment of the amount of a surrender value of contributions paid other than such an amount calculated in accordance with the registered rules.","sortOrder":48},{"sectionNumber":"sec.42","sectionType":"section","heading":"Annual returns to be furnished by corporation","content":"### sec.42 Annual returns to be furnished by corporation\n\nWithin 4 months after the end of each financial year or within such extended period not exceeding 2 months as the registrar in a particular case determines (the registrar being hereby thereunto authorised), a corporation shall furnish to the registrar a return in the approved form containing such particulars as are prescribed and accompanied by the prescribed documents.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\ns 42 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 73 s 159\n(sec.42-ssec.1) Within 4 months after the end of each financial year or within such extended period not exceeding 2 months as the registrar in a particular case determines (the registrar being hereby thereunto authorised), a corporation shall furnish to the registrar a return in the approved form containing such particulars as are prescribed and accompanied by the prescribed documents. Maximum penalty—2 penalty units.\n(sec.42-ssec.2) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.","sortOrder":49},{"sectionNumber":"sec.43","sectionType":"section","heading":"Quinquennial valuation","content":"### sec.43 Quinquennial valuation\n\nOnce at least in every 5 years the registrar shall, in relation to the funeral benefit business of a corporation, cause the assets of the funeral benefit business trust fund and the liabilities required to be met therefrom, whether as benefits or otherwise, pursuant to this part to be valued by the State actuary.\nThe registrar may, on application by the corporation and after consultation with the State actuary, dispense with such a valuation for such period or periods as the registrar thinks fit in respect of a corporation where, having regard to the purposes or nature of the operations of the funeral benefit business carried on by it the registrar deems such a valuation to be inapplicable or unnecessary for the period or periods in question.\nA corporation shall make available to the registrar such information, data, books, accounts, documents and other writings as the registrar may require for the purposes of the valuation.\nMaximum penalty—2 penalty units.\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit.\nOn the completion of the valuation the State actuary shall send to the registrar for transmission to the corporation an abstract of the results of the valuation and a report thereon.\ns 43 amd 2003 No. 73 s 160\n(sec.43-ssec.1) Once at least in every 5 years the registrar shall, in relation to the funeral benefit business of a corporation, cause the assets of the funeral benefit business trust fund and the liabilities required to be met therefrom, whether as benefits or otherwise, pursuant to this part to be valued by the State actuary.\n(sec.43-ssec.2) The registrar may, on application by the corporation and after consultation with the State actuary, dispense with such a valuation for such period or periods as the registrar thinks fit in respect of a corporation where, having regard to the purposes or nature of the operations of the funeral benefit business carried on by it the registrar deems such a valuation to be inapplicable or unnecessary for the period or periods in question.\n(sec.43-ssec.3) A corporation shall make available to the registrar such information, data, books, accounts, documents and other writings as the registrar may require for the purposes of the valuation. Maximum penalty—2 penalty units.\n(sec.43-ssec.3A) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit.\n(sec.43-ssec.4) On the completion of the valuation the State actuary shall send to the registrar for transmission to the corporation an abstract of the results of the valuation and a report thereon.","sortOrder":50},{"sectionNumber":"sec.44","sectionType":"section","heading":"Where assets insufficient to meet liabilities","content":"### sec.44 Where assets insufficient to meet liabilities\n\nIf from the valuation it appears to the State actuary that the assets are insufficient to meet the liabilities, the State actuary shall state in the report—\nthe apparent cause and the nature and extent of the deficiency; and\nthe nature and extent of the changes in respect of the funeral benefit business that will be necessary to ensure that the assets will be sufficient to meet the liabilities;\nand the registrar, upon the recommendation of the State actuary and, if the registrar thinks fit, after discussion with the corporation, may direct the corporation to do either or both of the following—\nto effect such changes or take such action in respect of the business as the registrar may specify;\nto pay into the funeral benefit business trust fund account an amount sufficient to make good the deficiency or to nominate as nominated property or additional nominated property, property having a value, determined by a valuer, of not less than the amount of the deficiency or to do both such things to the extent necessary to make good the deficiency.\ns 44 amd 2003 No. 73 s 161 ; 2005 No. 14 s 2 sch\n- (a) the apparent cause and the nature and extent of the deficiency; and\n- (b) the nature and extent of the changes in respect of the funeral benefit business that will be necessary to ensure that the assets will be sufficient to meet the liabilities;\n- (c) to effect such changes or take such action in respect of the business as the registrar may specify;\n- (d) to pay into the funeral benefit business trust fund account an amount sufficient to make good the deficiency or to nominate as nominated property or additional nominated property, property having a value, determined by a valuer, of not less than the amount of the deficiency or to do both such things to the extent necessary to make good the deficiency.","sortOrder":51},{"sectionNumber":"sec.45","sectionType":"section","heading":"Where assets more than sufficient to meet liabilities","content":"### sec.45 Where assets more than sufficient to meet liabilities\n\nIf from the valuation it appears to the State actuary that the assets are more than sufficient to meet the liabilities, the State actuary shall state in the report—\nthe apparent cause and the nature and extent of the surplus; and\nthe nature and extent of the changes in respect of the funeral benefit business that will be necessary to enable the surplus to be reduced or eliminated;\nand the registrar, upon the recommendation of the State actuary and, if the registrar thinks fit, after discussion with the corporation, may direct the corporation to effect such changes or take such action in respect of the business as the registrar may specify.\n(sec.45-ssec.1) If from the valuation it appears to the State actuary that the assets are more than sufficient to meet the liabilities, the State actuary shall state in the report— the apparent cause and the nature and extent of the surplus; and the nature and extent of the changes in respect of the funeral benefit business that will be necessary to enable the surplus to be reduced or eliminated; and the registrar, upon the recommendation of the State actuary and, if the registrar thinks fit, after discussion with the corporation, may direct the corporation to effect such changes or take such action in respect of the business as the registrar may specify.\n- (a) the apparent cause and the nature and extent of the surplus; and\n- (b) the nature and extent of the changes in respect of the funeral benefit business that will be necessary to enable the surplus to be reduced or eliminated;","sortOrder":52},{"sectionNumber":"sec.46","sectionType":"section","heading":"Corporation to change rules","content":"### sec.46 Corporation to change rules\n\nUpon a direction being given by the registrar to a corporation pursuant to section 44 or 45 , the corporation, where required pursuant to the direction, shall amend forthwith the registered rules with respect to funeral benefit business carried on by it and shall make such other changes and take such action as necessary to give effect to such direction.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\nWithout limiting the types of changes that the registrar may direct to be effected under section 44 or 45 and without limiting the registrar’s discretion in that regard, the registrar may direct changes in respect of all or any of the following matters notwithstanding any provision of this Act or any of the registered rules with respect to the funeral benefit business concerned or the provisions of any contract entered into in respect of a benefit to be provided by or through that business, that is to say—\nthe contributions to be paid to such business;\nthe benefits payable or services supplied by such business;\nthe basis on which or the method by which the surrender value of contributions paid to such business is computed;\nthe proportion of contributions to be utilised as management expenses in such business;\nthe manner of conducting such business;\noutgoings from the funeral benefit business trust fund in respect of such business.\ns 46 amd 2003 No. 73 s 162\n(sec.46-ssec.1) Upon a direction being given by the registrar to a corporation pursuant to section 44 or 45 , the corporation, where required pursuant to the direction, shall amend forthwith the registered rules with respect to funeral benefit business carried on by it and shall make such other changes and take such action as necessary to give effect to such direction. Maximum penalty—2 penalty units.\n(sec.46-ssec.1A) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\n(sec.46-ssec.2) Without limiting the types of changes that the registrar may direct to be effected under section 44 or 45 and without limiting the registrar’s discretion in that regard, the registrar may direct changes in respect of all or any of the following matters notwithstanding any provision of this Act or any of the registered rules with respect to the funeral benefit business concerned or the provisions of any contract entered into in respect of a benefit to be provided by or through that business, that is to say— the contributions to be paid to such business; the benefits payable or services supplied by such business; the basis on which or the method by which the surrender value of contributions paid to such business is computed; the proportion of contributions to be utilised as management expenses in such business; the manner of conducting such business; outgoings from the funeral benefit business trust fund in respect of such business.\n- (a) the contributions to be paid to such business;\n- (b) the benefits payable or services supplied by such business;\n- (c) the basis on which or the method by which the surrender value of contributions paid to such business is computed;\n- (d) the proportion of contributions to be utilised as management expenses in such business;\n- (e) the manner of conducting such business;\n- (f) outgoings from the funeral benefit business trust fund in respect of such business.","sortOrder":53},{"sectionNumber":"sec.47","sectionType":"section","heading":"Register of contributors","content":"### sec.47 Register of contributors\n\nA corporation registered to carry on funeral benefit business shall keep a register of contributors and shall enter therein in respect of each contributor, whether he or she became a contributor prior to the commencement of this Act or becomes a contributor after such commencement—\nthe full name, address, date of birth and sex of that person; and\nthe date on which that person became a contributor; and\nparticulars of the benefits for which that person is contributing; and\nparticulars of the rate of contributions payable by that person; and\nsuch other particulars as may be prescribed.\nMaximum penalty—2 penalty units.\nIn a case where a person becomes a contributor after the commencement of this Act, the corporation shall enter in the register the matters referred to in subsection (1) within 7 days after the date on which the person becomes a contributor.\nMaximum penalty—2 penalty units.\nThe corporation shall enter in the register—\nforthwith after any change in the rate of contributions payable by a contributor, particulars of the change and the date of the change; and\nforthwith after a person ceases to be a contributor, a statement to that effect and the date on which the person ceased to be a contributor; and\nforthwith after a funeral benefit is paid or supplied in relation to which contributions have been made by a contributor, a statement to that effect and the date on which the benefit was paid or supplied; and\nforthwith after any change in the benefits for which a contributor is contributing, a statement to that effect and the date of the change; and\nsuch other particulars as may be prescribed.\nMaximum penalty—2 penalty units.\nA corporation shall not remove from the register any particulars relating to a person who has ceased to be a contributor until 12 months after the valuation under section 43 next following the person so ceasing to be a contributor.\nMaximum penalty—2 penalty units.\nA corporation shall keep such other registers as may be prescribed.\nMaximum penalty—2 penalty units.\nA corporation required pursuant to subsection (1) or (5) to keep a register shall keep the register at its registered office in the State.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) , (2) , (3) , (4) , (5) or (6) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) , (2) , (3) , (4) , (5) or (6) —1 penalty unit.\ns 47 amd 2003 No. 73 s 163\n(sec.47-ssec.1) A corporation registered to carry on funeral benefit business shall keep a register of contributors and shall enter therein in respect of each contributor, whether he or she became a contributor prior to the commencement of this Act or becomes a contributor after such commencement— the full name, address, date of birth and sex of that person; and the date on which that person became a contributor; and particulars of the benefits for which that person is contributing; and particulars of the rate of contributions payable by that person; and such other particulars as may be prescribed. Maximum penalty—2 penalty units.\n(sec.47-ssec.2) In a case where a person becomes a contributor after the commencement of this Act, the corporation shall enter in the register the matters referred to in subsection (1) within 7 days after the date on which the person becomes a contributor. Maximum penalty—2 penalty units.\n(sec.47-ssec.3) The corporation shall enter in the register— forthwith after any change in the rate of contributions payable by a contributor, particulars of the change and the date of the change; and forthwith after a person ceases to be a contributor, a statement to that effect and the date on which the person ceased to be a contributor; and forthwith after a funeral benefit is paid or supplied in relation to which contributions have been made by a contributor, a statement to that effect and the date on which the benefit was paid or supplied; and forthwith after any change in the benefits for which a contributor is contributing, a statement to that effect and the date of the change; and such other particulars as may be prescribed. Maximum penalty—2 penalty units.\n(sec.47-ssec.4) A corporation shall not remove from the register any particulars relating to a person who has ceased to be a contributor until 12 months after the valuation under section 43 next following the person so ceasing to be a contributor. Maximum penalty—2 penalty units.\n(sec.47-ssec.5) A corporation shall keep such other registers as may be prescribed. Maximum penalty—2 penalty units.\n(sec.47-ssec.6) A corporation required pursuant to subsection (1) or (5) to keep a register shall keep the register at its registered office in the State. Maximum penalty—2 penalty units.\n(sec.47-ssec.7) An offence against subsection (1) , (2) , (3) , (4) , (5) or (6) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) , (2) , (3) , (4) , (5) or (6) —1 penalty unit.\n- (a) the full name, address, date of birth and sex of that person; and\n- (b) the date on which that person became a contributor; and\n- (c) particulars of the benefits for which that person is contributing; and\n- (d) particulars of the rate of contributions payable by that person; and\n- (e) such other particulars as may be prescribed.\n- (a) forthwith after any change in the rate of contributions payable by a contributor, particulars of the change and the date of the change; and\n- (b) forthwith after a person ceases to be a contributor, a statement to that effect and the date on which the person ceased to be a contributor; and\n- (c) forthwith after a funeral benefit is paid or supplied in relation to which contributions have been made by a contributor, a statement to that effect and the date on which the benefit was paid or supplied; and\n- (d) forthwith after any change in the benefits for which a contributor is contributing, a statement to that effect and the date of the change; and\n- (e) such other particulars as may be prescribed.","sortOrder":54},{"sectionNumber":"sec.48","sectionType":"section","heading":"Receipts","content":"### sec.48 Receipts\n\nA receipt shall be issued by a corporation registered to carry on funeral benefit business in respect of a contribution or other amount payable under this Act into its funeral benefit business trust fund account and shall include in the particulars thereon such details as are prescribed.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\ns 48 amd 2003 No. 73 s 164\n(sec.48-ssec.1) A receipt shall be issued by a corporation registered to carry on funeral benefit business in respect of a contribution or other amount payable under this Act into its funeral benefit business trust fund account and shall include in the particulars thereon such details as are prescribed. Maximum penalty—2 penalty units.\n(sec.48-ssec.2) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.","sortOrder":55},{"sectionNumber":"pt.5","sectionType":"part","heading":"Sale of funeral benefit businesses and cancellation of registration provisions for part 3 and 4 corporations","content":"# Sale of funeral benefit businesses and cancellation of registration provisions for part 3 and 4 corporations","sortOrder":56},{"sectionNumber":"sec.49","sectionType":"section","heading":"Definition for pt 5","content":"### sec.49 Definition for pt 5\n\nIn this part—\ncorporation means a part 3 corporation or a part 4 corporation.\ns 49 sub 2003 No. 73 s 166","sortOrder":57},{"sectionNumber":"sec.50","sectionType":"section","heading":"Sale of funeral benefit business","content":"### sec.50 Sale of funeral benefit business\n\nA corporation may, subject to the prior approval of the registrar and subject to such conditions as the registrar may impose, sell, assign or dispose of any funeral benefit business carried on by it and all property vested in or held by it in relation to the business to another entity ( the assignee ).\nAny purported sale, assignment or disposal without the prior approval of the registrar or without compliance with any conditions imposed by the registrar is void and renders registration in respect of the business liable to cancellation.\nUpon the sale, assignment or disposal of the funeral benefit business, every contract entered into in respect of a benefit to be provided by or through the business that at the date of the sale, assignment or disposal has not been performed by the corporation shall continue to have full force and effect unless and until cancelled in accordance with the registered rules relating to the business and the provisions of the contract (if any) notwithstanding that the contributor has not consented to the sale, assignment or disposal, and every such contract shall be read and construed as if the assignee were and had at all times been a party to the contract in place of the corporation.\nThe provisions of subsection (3) shall not be construed so as to prejudice any claim that the assignee or any contributor may have against the corporation in respect of a liability incurred by the corporation prior to the sale, assignment or disposal and which has not been discharged by the corporation at the date of sale, assignment or disposal.\nWithout limiting the generality of subsection (1) , upon the sale, assignment or disposal of such funeral benefit business—\nthe moneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of a part 3 corporation shall be moneys and securities in respect of the business as sold, assigned or disposed of to the assignee; and\nthe moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of a part 3 corporation shall be moneys standing to the credit of the benefits trust fund or the funeral benefit business trust fund account, as the case may be, of the assignee; and\nthe moneys or securities deposited with the Treasurer as referred to in section 8 shall be paid to the part 3 corporation that has sold, assigned or disposed of the business or dealt with as it shall in writing direct; and\nSection 8 (Security deposited with Treasurer) was repealed by the Statute Law Revision Act 1995 No. 57 s 4 sch 1 and is a provision to which the Acts Interpretation Act 1954 s 20A (Repeal does not end saving, transitional or validating effect etc.) applies.\nthe moneys standing to the credit of the funeral benefit business trust fund account, whether actually deposited in a financial institution account or not, of a part 4 corporation shall be moneys standing to the credit of the funeral benefit business trust fund account of the assignee.\nUpon the sale, assignment or disposal of such funeral benefit business, the registrar shall cancel the registration of the corporation so selling, assigning or disposing in respect of the business in question.\nThe registrar shall not give his or her approval to the sale, assignment or disposal of a funeral benefit business by a part 4 corporation unless the registrar is first satisfied that adequate provision has been made with respect to—\nnominated property, if it is necessary for the assignee to nominate property; and\nthe transfer by the part 4 corporation to the assignee of investments made by the corporation, including investments in relation to land and buildings;\nand for the purposes aforesaid, the registrar may consult with the State actuary.\ns 50 amd 1997 No. 17 s 14 ; 2003 No. 73 s 167 ; 2005 No. 14 s 2 sch\n(sec.50-ssec.1) A corporation may, subject to the prior approval of the registrar and subject to such conditions as the registrar may impose, sell, assign or dispose of any funeral benefit business carried on by it and all property vested in or held by it in relation to the business to another entity ( the assignee ).\n(sec.50-ssec.2) Any purported sale, assignment or disposal without the prior approval of the registrar or without compliance with any conditions imposed by the registrar is void and renders registration in respect of the business liable to cancellation.\n(sec.50-ssec.3) Upon the sale, assignment or disposal of the funeral benefit business, every contract entered into in respect of a benefit to be provided by or through the business that at the date of the sale, assignment or disposal has not been performed by the corporation shall continue to have full force and effect unless and until cancelled in accordance with the registered rules relating to the business and the provisions of the contract (if any) notwithstanding that the contributor has not consented to the sale, assignment or disposal, and every such contract shall be read and construed as if the assignee were and had at all times been a party to the contract in place of the corporation.\n(sec.50-ssec.4) The provisions of subsection (3) shall not be construed so as to prejudice any claim that the assignee or any contributor may have against the corporation in respect of a liability incurred by the corporation prior to the sale, assignment or disposal and which has not been discharged by the corporation at the date of sale, assignment or disposal.\n(sec.50-ssec.5) Without limiting the generality of subsection (1) , upon the sale, assignment or disposal of such funeral benefit business— the moneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of a part 3 corporation shall be moneys and securities in respect of the business as sold, assigned or disposed of to the assignee; and the moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of a part 3 corporation shall be moneys standing to the credit of the benefits trust fund or the funeral benefit business trust fund account, as the case may be, of the assignee; and the moneys or securities deposited with the Treasurer as referred to in section 8 shall be paid to the part 3 corporation that has sold, assigned or disposed of the business or dealt with as it shall in writing direct; and Section 8 (Security deposited with Treasurer) was repealed by the Statute Law Revision Act 1995 No. 57 s 4 sch 1 and is a provision to which the Acts Interpretation Act 1954 s 20A (Repeal does not end saving, transitional or validating effect etc.) applies. the moneys standing to the credit of the funeral benefit business trust fund account, whether actually deposited in a financial institution account or not, of a part 4 corporation shall be moneys standing to the credit of the funeral benefit business trust fund account of the assignee.\n(sec.50-ssec.6) Upon the sale, assignment or disposal of such funeral benefit business, the registrar shall cancel the registration of the corporation so selling, assigning or disposing in respect of the business in question.\n(sec.50-ssec.7) The registrar shall not give his or her approval to the sale, assignment or disposal of a funeral benefit business by a part 4 corporation unless the registrar is first satisfied that adequate provision has been made with respect to— nominated property, if it is necessary for the assignee to nominate property; and the transfer by the part 4 corporation to the assignee of investments made by the corporation, including investments in relation to land and buildings; and for the purposes aforesaid, the registrar may consult with the State actuary.\n- (a) the moneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of a part 3 corporation shall be moneys and securities in respect of the business as sold, assigned or disposed of to the assignee; and\n- (b) the moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of a part 3 corporation shall be moneys standing to the credit of the benefits trust fund or the funeral benefit business trust fund account, as the case may be, of the assignee; and\n- (c) the moneys or securities deposited with the Treasurer as referred to in section 8 shall be paid to the part 3 corporation that has sold, assigned or disposed of the business or dealt with as it shall in writing direct; and Editor’s note— Section 8 (Security deposited with Treasurer) was repealed by the Statute Law Revision Act 1995 No. 57 s 4 sch 1 and is a provision to which the Acts Interpretation Act 1954 s 20A (Repeal does not end saving, transitional or validating effect etc.) applies.\n- (d) the moneys standing to the credit of the funeral benefit business trust fund account, whether actually deposited in a financial institution account or not, of a part 4 corporation shall be moneys standing to the credit of the funeral benefit business trust fund account of the assignee.\n- (a) nominated property, if it is necessary for the assignee to nominate property; and\n- (b) the transfer by the part 4 corporation to the assignee of investments made by the corporation, including investments in relation to land and buildings;","sortOrder":58},{"sectionNumber":"sec.51","sectionType":"section","heading":"Cancellation of registration at request of corporation","content":"### sec.51 Cancellation of registration at request of corporation\n\nThe registrar, at the request of a corporation, may, by signed writing, cancel the registration of the corporation to carry on funeral benefit business.\nThe request by the corporation for cancellation of registration shall be made in such manner as the registrar directs, either generally or in any particular case and, as from the date of the request, the corporation shall cease to carry on funeral benefit business and shall advertise that fact in the prescribed manner or, if not prescribed, as directed by the registrar.\nThe request shall be accompanied by a statement by the corporation showing in relation to the business—\nassets and liabilities, including contractual commitments, with respect to—\nthe benefits trust fund of the corporation and the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or\nthe funeral benefit business trust fund in the case of a part 4 corporation; and\nthe number of contributors and the nature of their respective interests; and\nthe intended appropriation, division or disposition of the net assets from the fund and the account of the fund referred to in paragraph (a) (i) or the fund referred to in paragraph (a) (ii) , as the case may be, supported by a report by an actuary.\nThe registrar in considering the request for cancellation may consult with the State actuary and, if satisfied that the intended appropriation, division or disposition is fair and reasonable and that, having regard to all the circumstances, it is appropriate for the registrar to agree to the request of the corporation for cancellation of registration, shall require the corporation to notify in writing each contributor of—\nthe request to cancel registration; and\nthe intended appropriation, division or disposition as it affects the contributor; and\nsuch other information as may be prescribed or as may be required to be notified by the registrar;\nand may, if the registrar thinks fit, cause notice of the request to cancel registration to be advertised at the expense of the corporation in the gazette and in some newspaper circulating in the locality in which the place of business or, if more than 1, the principal place of business of the corporation is situated.\nIf a contributor or any person for whom or on whose behalf contributions have been made or other person having any claim in respect of any of the funds as aforesaid applicable in his or her case lodges with the registrar an objection in writing in respect of any benefit or the intended appropriation, division or disposition within 3 months after receipt by him or her of notification in writing pursuant to subsection (4) (proof of lodgement of such objection within the time stated being on the objector) or within 3 months after publication in the gazette or newspaper of the notice referred to in subsection (4) , the registrar shall settle the matter or claim the subject of the objection in the manner provided by section 62 , and the provisions of that section shall apply accordingly.\nOn the settlement of all matters or claims as referred to in subsection (5) or on the registrar being satisfied that no objections have been made, the registrar shall notify the corporation accordingly and the corporation shall appropriate, divide or dispose of the net assets referred to in subsection (3) as proposed in the statement referred to in that subsection as such proposals are varied by the settlement of matters or claims by the registrar.\nThe corporation for the purposes of subsection (6) may convert into money assets not consisting of money with the consent of the registrar first had and obtained, which consent may be given subject to such terms and conditions as to realisable amount and otherwise as the registrar thinks fit; and for the purpose of deciding whether or not the registrar will give consent and, if so, subject to what terms and conditions, the registrar may require the corporation to obtain the recommendation of an actuary or authorised accountant or the report of a valuer and may consult with the State actuary.\nThe registrar shall notify the corporation in the notification referred to in subsection (6) or in a separate notification of the effective date of cancellation of registration, and the registration of the corporation to carry on funeral benefit business shall be cancelled as at that date.\nOn cancellation of registration, the corporation’s certificate of registration is void and the corporation shall surrender it to the registrar.\ns 51 amd 1990 No. 85 s 5 sch 2 ; 1995 No. 58 s 4 sch 1 ; 2005 No. 14 s 2 sch\n(sec.51-ssec.1) The registrar, at the request of a corporation, may, by signed writing, cancel the registration of the corporation to carry on funeral benefit business.\n(sec.51-ssec.2) The request by the corporation for cancellation of registration shall be made in such manner as the registrar directs, either generally or in any particular case and, as from the date of the request, the corporation shall cease to carry on funeral benefit business and shall advertise that fact in the prescribed manner or, if not prescribed, as directed by the registrar.\n(sec.51-ssec.3) The request shall be accompanied by a statement by the corporation showing in relation to the business— assets and liabilities, including contractual commitments, with respect to— the benefits trust fund of the corporation and the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or the funeral benefit business trust fund in the case of a part 4 corporation; and the number of contributors and the nature of their respective interests; and the intended appropriation, division or disposition of the net assets from the fund and the account of the fund referred to in paragraph (a) (i) or the fund referred to in paragraph (a) (ii) , as the case may be, supported by a report by an actuary.\n(sec.51-ssec.4) The registrar in considering the request for cancellation may consult with the State actuary and, if satisfied that the intended appropriation, division or disposition is fair and reasonable and that, having regard to all the circumstances, it is appropriate for the registrar to agree to the request of the corporation for cancellation of registration, shall require the corporation to notify in writing each contributor of— the request to cancel registration; and the intended appropriation, division or disposition as it affects the contributor; and such other information as may be prescribed or as may be required to be notified by the registrar; and may, if the registrar thinks fit, cause notice of the request to cancel registration to be advertised at the expense of the corporation in the gazette and in some newspaper circulating in the locality in which the place of business or, if more than 1, the principal place of business of the corporation is situated.\n(sec.51-ssec.5) If a contributor or any person for whom or on whose behalf contributions have been made or other person having any claim in respect of any of the funds as aforesaid applicable in his or her case lodges with the registrar an objection in writing in respect of any benefit or the intended appropriation, division or disposition within 3 months after receipt by him or her of notification in writing pursuant to subsection (4) (proof of lodgement of such objection within the time stated being on the objector) or within 3 months after publication in the gazette or newspaper of the notice referred to in subsection (4) , the registrar shall settle the matter or claim the subject of the objection in the manner provided by section 62 , and the provisions of that section shall apply accordingly.\n(sec.51-ssec.6) On the settlement of all matters or claims as referred to in subsection (5) or on the registrar being satisfied that no objections have been made, the registrar shall notify the corporation accordingly and the corporation shall appropriate, divide or dispose of the net assets referred to in subsection (3) as proposed in the statement referred to in that subsection as such proposals are varied by the settlement of matters or claims by the registrar.\n(sec.51-ssec.7) The corporation for the purposes of subsection (6) may convert into money assets not consisting of money with the consent of the registrar first had and obtained, which consent may be given subject to such terms and conditions as to realisable amount and otherwise as the registrar thinks fit; and for the purpose of deciding whether or not the registrar will give consent and, if so, subject to what terms and conditions, the registrar may require the corporation to obtain the recommendation of an actuary or authorised accountant or the report of a valuer and may consult with the State actuary.\n(sec.51-ssec.8) The registrar shall notify the corporation in the notification referred to in subsection (6) or in a separate notification of the effective date of cancellation of registration, and the registration of the corporation to carry on funeral benefit business shall be cancelled as at that date.\n(sec.51-ssec.9) On cancellation of registration, the corporation’s certificate of registration is void and the corporation shall surrender it to the registrar.\n- (a) assets and liabilities, including contractual commitments, with respect to— (i) the benefits trust fund of the corporation and the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or (ii) the funeral benefit business trust fund in the case of a part 4 corporation; and\n- (i) the benefits trust fund of the corporation and the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or\n- (ii) the funeral benefit business trust fund in the case of a part 4 corporation; and\n- (b) the number of contributors and the nature of their respective interests; and\n- (c) the intended appropriation, division or disposition of the net assets from the fund and the account of the fund referred to in paragraph (a) (i) or the fund referred to in paragraph (a) (ii) , as the case may be, supported by a report by an actuary.\n- (i) the benefits trust fund of the corporation and the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or\n- (ii) the funeral benefit business trust fund in the case of a part 4 corporation; and\n- (a) the request to cancel registration; and\n- (b) the intended appropriation, division or disposition as it affects the contributor; and\n- (c) such other information as may be prescribed or as may be required to be notified by the registrar;","sortOrder":59},{"sectionNumber":"sec.52","sectionType":"section","heading":"Cancellation of registration by QCAT","content":"### sec.52 Cancellation of registration by QCAT\n\nThe registrar may apply to QCAT for cancellation of the registration of a corporation to carry on funeral benefit business—\nif within 1 month after being so directed, the corporation does not amend the registered rules of the business or make such other changes or take such action as directed by the registrar pursuant to section 21 , 22 , 23 , 44 , 45 or 46 ; or\non the ground that—\nthe registration has been obtained by fraud or mistake; or\nthere has been a purported sale, assignment or disposal by the corporation of the business without the prior approval of the registrar, contrary to section 50 ; or\nthe corporation, after notice from the registrar of contravention or failure to comply with any of the provisions of this Act or any of the provisions of the rules relating to the business, has contravened or failed to comply with the provisions the subject of the notice; or\nthe corporation has ceased to carry on the business.\nAn application shall not be made by the registrar without the prior approval in writing of the Minister.\nThe making of an application by the registrar shall be sufficient evidence of the prior approval in writing of the Minister until the contrary is shown.\nWhere upon the application QCAT is satisfied that the registrar has established any matter or ground referred to in subsection (1) relied upon in the application as a matter or ground for cancellation, QCAT may by its order cancel the registration of the corporation to carry on funeral benefit business.\nUpon service on the corporation of the originating proceeding in respect of the application, no act or thing shall be done by the corporation, any member of the governing body, by whatever name called, of the corporation or the secretary thereof in relation to—\nthe benefits trust fund of the corporation or the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or\nthe funeral benefit business trust fund in the case of a part 4 corporation;\nwithout the prior approval in writing of the registrar.\nMaximum penalty—6 penalty units.\nSuch approval may be given by the registrar in such manner as the registrar thinks fit including in respect of particular matters and in respect of general practices and procedures, and in considering matters in relation to approval, the registrar may consult with the State actuary.\nUpon the making by QCAT of an order cancelling the registration of a corporation—\nmoneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of the corporation and moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of the corporation, where the corporation is a part 3 corporation; or\nmoneys and all other property constituting the funeral benefit business trust fund of the corporation, where it is a part 4 corporation;\nshall, without any transfer, assignment or conveyance or notice other than this Act, be divested from the corporation and vest in the registrar and, in relation thereto, all rights, powers, authorities, obligations and duties of the corporation shall be rights, powers, authorities, obligations and duties of the registrar.\nQCAT may adjourn the hearing of an application under this section on such terms and subject to such conditions as it thinks fit where it is satisfied that effect is to be given or may be given to the provisions of section 50 .\nWhere QCAT makes an order pursuant to subsection (3) , it may make such supplementary or other orders as it thinks fit.\nIn connection with the exercise and performance of the registrar’s rights, powers, authorities, obligations and duties under this section where QCAT has made an order pursuant to subsection (3) , the registrar may apply to QCAT for directions in relation to any particular matter arising out of such exercise or performance and QCAT may give such directions accordingly.\nThe registrar of titles or other person required by any Act or law to make or enter any note or memorial on any instrument of title to land or other record relating to any right, title, estate or interest in land or other property on receiving notice thereof shall, upon the written request of the registrar in respect of any case where any right, title, estate or interest in land or other property vests in the registrar pursuant to this section, register the registrar for or with respect to the right, title, estate or interest in such land or other property, and for that purpose may make every entry, cancellation and correction in any register, record or book in his or her custody or under his or her control and do and execute such other acts, matters and things as shall to the registrar of titles appear necessary and proper.\nAs soon as practicable after such vesting as aforesaid, the registrar shall make the written request referred to.\nThe registrar, after meeting from the fund any claims in respect of benefits accrued before cancellation of registration as aforesaid and after providing for the costs and expenses of getting in property in the fund and of converting into money property in the fund not consisting of money and of distributing moneys to contributors, shall distribute the moneys comprising the fund among contributors according to the amounts of their actuarial interests in the fund as determined by the registrar after consultation with the State actuary.\nFor the purpose of making such determination, the registrar may obtain the report of an actuary or authorised accountant.\nIn subsections (11) , (12) and (18) —\nthe fund means the moneys and securities referred to in subsection (6) (a) in the case of a part 3 corporation and the funeral benefit business trust fund referred to in subsection (6) (b) in the case of a part 4 corporation.\nFor the purpose of compliance with subsection (11) , the registrar may convert into money any part of the fund not consisting of money and shall obtain what appears to the registrar after due inquiry to be the best price obtainable therefor; and in connection with any such conversion into money the registrar shall consult with the State actuary and may obtain the report of a valuer.\nOn the cancellation of registration of a corporation pursuant to this section, the corporation, the members of the governing body, by whatever name called, of the corporation and the secretary thereof shall do all such acts and things as the registrar requires it or them or any of them to do (the registrar being hereby thereunto authorised) in connection with the exercise or carrying out by the registrar of any of his or her rights, powers, authorities, obligations or duties under this section following such cancellation.\nMaximum penalty—6 penalty units.\nThe provisions of subsection (13) relating to the rights, powers and authorities of the registrar thereunder are additional to and not in diminution of rights, powers and authorities of the registrar otherwise given or conferred under this Act, which other rights, powers and authorities shall be had and may be exercised by the registrar in respect of the corporation and the members of the governing body and secretary as referred to in subsection (13) notwithstanding cancellation of registration.\nOn cancellation of registration of a corporation under this section—\nthe certificate of registration issued to it is void and it shall be surrendered by the corporation to the registrar; and\nthe corporation shall cease to carry on funeral benefit business.\nCancellation of registration of a corporation operates without prejudice to any penal or other liability actually incurred by the corporation, which may be enforced against it as if such cancellation had not taken place.\nUpon completion of the distribution of the fund, the registrar shall notify the corporation.\ns 52 amd 1990 No. 85 s 5 sch 2 ; 1993 No. 82 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 79 s 47 ; 1997 No. 17 s 15 ; 2001 No. 45 s 29 sch 3 ; 2003 No. 73 s 168 ; 2005 No. 14 s 2 sch ; 2009 No. 24 s 550 ; 2014\nNo. 8 s 118\n(sec.52-ssec.1) The registrar may apply to QCAT for cancellation of the registration of a corporation to carry on funeral benefit business— if within 1 month after being so directed, the corporation does not amend the registered rules of the business or make such other changes or take such action as directed by the registrar pursuant to section 21 , 22 , 23 , 44 , 45 or 46 ; or on the ground that— the registration has been obtained by fraud or mistake; or there has been a purported sale, assignment or disposal by the corporation of the business without the prior approval of the registrar, contrary to section 50 ; or the corporation, after notice from the registrar of contravention or failure to comply with any of the provisions of this Act or any of the provisions of the rules relating to the business, has contravened or failed to comply with the provisions the subject of the notice; or the corporation has ceased to carry on the business.\n(sec.52-ssec.2) An application shall not be made by the registrar without the prior approval in writing of the Minister.\n(sec.52-ssec.2A) The making of an application by the registrar shall be sufficient evidence of the prior approval in writing of the Minister until the contrary is shown.\n(sec.52-ssec.3) Where upon the application QCAT is satisfied that the registrar has established any matter or ground referred to in subsection (1) relied upon in the application as a matter or ground for cancellation, QCAT may by its order cancel the registration of the corporation to carry on funeral benefit business.\n(sec.52-ssec.4) Upon service on the corporation of the originating proceeding in respect of the application, no act or thing shall be done by the corporation, any member of the governing body, by whatever name called, of the corporation or the secretary thereof in relation to— the benefits trust fund of the corporation or the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or the funeral benefit business trust fund in the case of a part 4 corporation; without the prior approval in writing of the registrar. Maximum penalty—6 penalty units.\n(sec.52-ssec.5) Such approval may be given by the registrar in such manner as the registrar thinks fit including in respect of particular matters and in respect of general practices and procedures, and in considering matters in relation to approval, the registrar may consult with the State actuary.\n(sec.52-ssec.6) Upon the making by QCAT of an order cancelling the registration of a corporation— moneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of the corporation and moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of the corporation, where the corporation is a part 3 corporation; or moneys and all other property constituting the funeral benefit business trust fund of the corporation, where it is a part 4 corporation; shall, without any transfer, assignment or conveyance or notice other than this Act, be divested from the corporation and vest in the registrar and, in relation thereto, all rights, powers, authorities, obligations and duties of the corporation shall be rights, powers, authorities, obligations and duties of the registrar.\n(sec.52-ssec.7) QCAT may adjourn the hearing of an application under this section on such terms and subject to such conditions as it thinks fit where it is satisfied that effect is to be given or may be given to the provisions of section 50 .\n(sec.52-ssec.8) Where QCAT makes an order pursuant to subsection (3) , it may make such supplementary or other orders as it thinks fit.\n(sec.52-ssec.9) In connection with the exercise and performance of the registrar’s rights, powers, authorities, obligations and duties under this section where QCAT has made an order pursuant to subsection (3) , the registrar may apply to QCAT for directions in relation to any particular matter arising out of such exercise or performance and QCAT may give such directions accordingly.\n(sec.52-ssec.10) The registrar of titles or other person required by any Act or law to make or enter any note or memorial on any instrument of title to land or other record relating to any right, title, estate or interest in land or other property on receiving notice thereof shall, upon the written request of the registrar in respect of any case where any right, title, estate or interest in land or other property vests in the registrar pursuant to this section, register the registrar for or with respect to the right, title, estate or interest in such land or other property, and for that purpose may make every entry, cancellation and correction in any register, record or book in his or her custody or under his or her control and do and execute such other acts, matters and things as shall to the registrar of titles appear necessary and proper.\n(sec.52-ssec.10A) As soon as practicable after such vesting as aforesaid, the registrar shall make the written request referred to.\n(sec.52-ssec.11) The registrar, after meeting from the fund any claims in respect of benefits accrued before cancellation of registration as aforesaid and after providing for the costs and expenses of getting in property in the fund and of converting into money property in the fund not consisting of money and of distributing moneys to contributors, shall distribute the moneys comprising the fund among contributors according to the amounts of their actuarial interests in the fund as determined by the registrar after consultation with the State actuary.\n(sec.52-ssec.11A) For the purpose of making such determination, the registrar may obtain the report of an actuary or authorised accountant.\n(sec.52-ssec.11B) In subsections (11) , (12) and (18) — the fund means the moneys and securities referred to in subsection (6) (a) in the case of a part 3 corporation and the funeral benefit business trust fund referred to in subsection (6) (b) in the case of a part 4 corporation.\n(sec.52-ssec.12) For the purpose of compliance with subsection (11) , the registrar may convert into money any part of the fund not consisting of money and shall obtain what appears to the registrar after due inquiry to be the best price obtainable therefor; and in connection with any such conversion into money the registrar shall consult with the State actuary and may obtain the report of a valuer.\n(sec.52-ssec.13) On the cancellation of registration of a corporation pursuant to this section, the corporation, the members of the governing body, by whatever name called, of the corporation and the secretary thereof shall do all such acts and things as the registrar requires it or them or any of them to do (the registrar being hereby thereunto authorised) in connection with the exercise or carrying out by the registrar of any of his or her rights, powers, authorities, obligations or duties under this section following such cancellation. Maximum penalty—6 penalty units.\n(sec.52-ssec.14) The provisions of subsection (13) relating to the rights, powers and authorities of the registrar thereunder are additional to and not in diminution of rights, powers and authorities of the registrar otherwise given or conferred under this Act, which other rights, powers and authorities shall be had and may be exercised by the registrar in respect of the corporation and the members of the governing body and secretary as referred to in subsection (13) notwithstanding cancellation of registration.\n(sec.52-ssec.15) On cancellation of registration of a corporation under this section— the certificate of registration issued to it is void and it shall be surrendered by the corporation to the registrar; and the corporation shall cease to carry on funeral benefit business.\n(sec.52-ssec.16) Cancellation of registration of a corporation operates without prejudice to any penal or other liability actually incurred by the corporation, which may be enforced against it as if such cancellation had not taken place.\n(sec.52-ssec.18) Upon completion of the distribution of the fund, the registrar shall notify the corporation.\n- (a) if within 1 month after being so directed, the corporation does not amend the registered rules of the business or make such other changes or take such action as directed by the registrar pursuant to section 21 , 22 , 23 , 44 , 45 or 46 ; or\n- (b) on the ground that— (i) the registration has been obtained by fraud or mistake; or (ii) there has been a purported sale, assignment or disposal by the corporation of the business without the prior approval of the registrar, contrary to section 50 ; or (iii) the corporation, after notice from the registrar of contravention or failure to comply with any of the provisions of this Act or any of the provisions of the rules relating to the business, has contravened or failed to comply with the provisions the subject of the notice; or (iv) the corporation has ceased to carry on the business.\n- (i) the registration has been obtained by fraud or mistake; or\n- (ii) there has been a purported sale, assignment or disposal by the corporation of the business without the prior approval of the registrar, contrary to section 50 ; or\n- (iii) the corporation, after notice from the registrar of contravention or failure to comply with any of the provisions of this Act or any of the provisions of the rules relating to the business, has contravened or failed to comply with the provisions the subject of the notice; or\n- (iv) the corporation has ceased to carry on the business.\n- (i) the registration has been obtained by fraud or mistake; or\n- (ii) there has been a purported sale, assignment or disposal by the corporation of the business without the prior approval of the registrar, contrary to section 50 ; or\n- (iii) the corporation, after notice from the registrar of contravention or failure to comply with any of the provisions of this Act or any of the provisions of the rules relating to the business, has contravened or failed to comply with the provisions the subject of the notice; or\n- (iv) the corporation has ceased to carry on the business.\n- (a) the benefits trust fund of the corporation or the account of the Funeral Benefit Trust Fund applicable to the corporation in the case of a part 3 corporation; or\n- (b) the funeral benefit business trust fund in the case of a part 4 corporation;\n- (a) moneys and securities in the Funeral Benefit Trust Fund on account of the funeral benefit business of the corporation and moneys standing to the credit of the benefits trust fund, whether actually deposited in a financial institution account or not, of the corporation, where the corporation is a part 3 corporation; or\n- (b) moneys and all other property constituting the funeral benefit business trust fund of the corporation, where it is a part 4 corporation;\n- (a) the certificate of registration issued to it is void and it shall be surrendered by the corporation to the registrar; and\n- (b) the corporation shall cease to carry on funeral benefit business.","sortOrder":60},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 amd 1993 No. 82 s 3 sch 1\nom 2003 No. 73 s 169","sortOrder":61},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 amd 1993 No. 82 s 3 sch 1\nom 2003 No. 73 s 169","sortOrder":62},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 amd 1993 No. 82 s 3 sch 1 ; 1997 No. 35 s 38 sch ; 1999 No. 27 s 76 sch 1 ; 1999 No. 33 s 747 sch 3\nom 2003 No. 73 s 169","sortOrder":63},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 amd 1990 No. 85 s 5 sch 2 ; 1993 No. 82 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 1996 No. 79 s 48 ; 1997 No. 17 s 16 ; 2000 No. 20 s 29 sch 3 ; 2001 No. 45 s 29 sch s 2 – 3\nom 2003 No. 73 s 169","sortOrder":64},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2003 No. 73 s 169","sortOrder":65},{"sectionNumber":"pt.6","sectionType":"part","heading":"General provisions for registered corporations for particular funeral benefit agreements","content":"# General provisions for registered corporations for particular funeral benefit agreements","sortOrder":66},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of pt 6","content":"### sec.58 Application of pt 6\n\nThis part applies to a registered corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , section 139 .\nThe Second-hand Dealers and Pawnbrokers Act 2003 , section 139 commenced on 1 December 2003.\ns 58 sub 2003 No. 73 s 171\namd 2023 No. 23 s 80","sortOrder":67},{"sectionNumber":"sec.59","sectionType":"section","heading":"Nominated office","content":"### sec.59 Nominated office\n\nA registered corporation shall have a nominated office within the State to which all communications and notices may be addressed.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\nThe registered corporation shall by notification in the approved form notify the registrar of any change in the situation of the nominated office and pay the prescribed fee in respect thereof within 7 days of such change.\nMaximum penalty—2 penalty units.\ns 59 amd 1995 No. 58 s 4 sch 1 ; 2001 No. 45 s 29 sch 2 ; 2003 No. 73 s 172\n(sec.59-ssec.1) A registered corporation shall have a nominated office within the State to which all communications and notices may be addressed. Maximum penalty—2 penalty units.\n(sec.59-ssec.1A) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\n(sec.59-ssec.2) The registered corporation shall by notification in the approved form notify the registrar of any change in the situation of the nominated office and pay the prescribed fee in respect thereof within 7 days of such change. Maximum penalty—2 penalty units.","sortOrder":68},{"sectionNumber":"sec.60","sectionType":"section","heading":"Secretary","content":"### sec.60 Secretary\n\nA registered corporation shall have a nominee (the secretary ) who is an individual living in the State.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\nThe registered corporation shall by notification in the approved form notify the registrar of any change in the office of secretary and pay the prescribed fee in respect thereof within 7 days of such change.\nMaximum penalty—2 penalty units.\ns 60 amd 1995 No. 58 s 4 sch 1 ; 2001 No. 45 s 29 sch 2 ; 2003 No. 73 s 173\n(sec.60-ssec.1) A registered corporation shall have a nominee (the secretary ) who is an individual living in the State. Maximum penalty—2 penalty units.\n(sec.60-ssec.1A) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\n(sec.60-ssec.2) The registered corporation shall by notification in the approved form notify the registrar of any change in the office of secretary and pay the prescribed fee in respect thereof within 7 days of such change. Maximum penalty—2 penalty units.","sortOrder":69},{"sectionNumber":"sec.61","sectionType":"section","heading":"Provisions as to rules","content":"### sec.61 Provisions as to rules\n\nA rule or an amendment of a rule in respect of funeral benefit business of a registered corporation is not valid unless it has been registered by the registrar, and an amendment of a rule containing any table of contributions or benefits or that in any way might affect the sufficiency of the contributions to provide benefits shall not be registered by the registrar unless the State actuary first certifies that the contributions under the rules as amended are sufficient to provide the benefits or that the amendment improves or does not in any way prejudice the financial position of the benefits trust fund or the account kept in the Funeral Benefit Trust Fund in respect of the registered corporation or the financial position of the funeral benefit business trust fund, as the case may be.\nThe registrar, on being satisfied that a rule or an amendment of a rule is not contrary to the provisions of this Act, shall furnish to the corporation a written acknowledgement of registration of the rule or amendment; and such acknowledgement shall be conclusive evidence that the same is duly registered.\nA copy of the rules relating to the funeral benefit business of a registered corporation shall be made available by the corporation to a person requiring the same on payment of the prescribed fee or, if a fee is not prescribed, on payment of a sum sufficient to cover the cost of printing such copy.\nMaximum penalty—2 penalty units.\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit.\nA registered corporation desiring to amend its rules shall make an application in that respect to the registrar in the approved form, pay the prescribed fee and comply with such other requirements as are prescribed.\nIf the registrar refuses to register a rule or an amendment of a rule, the registrar must give the registered corporation a QCAT information notice for the decision (the reviewable decision ).\nA registered corporation refused registration of a rule or an amendment of a rule by the registrar may apply, as provided under the QCAT Act , to QCAT for a review of the reviewable decision.\ns 61 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 73 s 174 ; 2009 No. 24 s 551\n(sec.61-ssec.1) A rule or an amendment of a rule in respect of funeral benefit business of a registered corporation is not valid unless it has been registered by the registrar, and an amendment of a rule containing any table of contributions or benefits or that in any way might affect the sufficiency of the contributions to provide benefits shall not be registered by the registrar unless the State actuary first certifies that the contributions under the rules as amended are sufficient to provide the benefits or that the amendment improves or does not in any way prejudice the financial position of the benefits trust fund or the account kept in the Funeral Benefit Trust Fund in respect of the registered corporation or the financial position of the funeral benefit business trust fund, as the case may be.\n(sec.61-ssec.2) The registrar, on being satisfied that a rule or an amendment of a rule is not contrary to the provisions of this Act, shall furnish to the corporation a written acknowledgement of registration of the rule or amendment; and such acknowledgement shall be conclusive evidence that the same is duly registered.\n(sec.61-ssec.3) A copy of the rules relating to the funeral benefit business of a registered corporation shall be made available by the corporation to a person requiring the same on payment of the prescribed fee or, if a fee is not prescribed, on payment of a sum sufficient to cover the cost of printing such copy. Maximum penalty—2 penalty units.\n(sec.61-ssec.3A) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit.\n(sec.61-ssec.4) A registered corporation desiring to amend its rules shall make an application in that respect to the registrar in the approved form, pay the prescribed fee and comply with such other requirements as are prescribed.\n(sec.61-ssec.5) If the registrar refuses to register a rule or an amendment of a rule, the registrar must give the registered corporation a QCAT information notice for the decision (the reviewable decision ).\n(sec.61-ssec.6) A registered corporation refused registration of a rule or an amendment of a rule by the registrar may apply, as provided under the QCAT Act , to QCAT for a review of the reviewable decision.","sortOrder":70},{"sectionNumber":"sec.62","sectionType":"section","heading":"Settlement of disputes between corporations and contributors etc.","content":"### sec.62 Settlement of disputes between corporations and contributors etc.\n\nIf any dispute arises between a registered corporation and—\nany contributor to the registered corporation or his or her legal personal representative; or\nany person aggrieved who has ceased to be a contributor or his or her legal personal representative;\nin respect of any claim made by the contributor, person aggrieved or legal personal representative, the registrar may settle such dispute and make such award as the registrar thinks proper, and such award shall be final and conclusive and binding upon the parties to the dispute.\nAn award may be enforced as if it were an arbitral award under the Commercial Arbitration Act 2013 .\nWhere an award made by the registrar pursuant to this section contains a requirement to be complied with by the registered corporation, the registered corporation shall comply with such requirement within 14 days from the making of the award or within such longer period as is stipulated by the registrar in the award (the registrar being hereby thereunto authorised).\nMaximum penalty—6 penalty units.\nThe liability of the registered corporation to penalty under subsection (3) does not affect its liability in any other respect.\ns 62 amd 1993 No. 82 s 3 sch 1 ; 2013 No. 8 s 43 sch 1 pt 2\n(sec.62-ssec.1) If any dispute arises between a registered corporation and— any contributor to the registered corporation or his or her legal personal representative; or any person aggrieved who has ceased to be a contributor or his or her legal personal representative; in respect of any claim made by the contributor, person aggrieved or legal personal representative, the registrar may settle such dispute and make such award as the registrar thinks proper, and such award shall be final and conclusive and binding upon the parties to the dispute.\n(sec.62-ssec.2) An award may be enforced as if it were an arbitral award under the Commercial Arbitration Act 2013 .\n(sec.62-ssec.3) Where an award made by the registrar pursuant to this section contains a requirement to be complied with by the registered corporation, the registered corporation shall comply with such requirement within 14 days from the making of the award or within such longer period as is stipulated by the registrar in the award (the registrar being hereby thereunto authorised). Maximum penalty—6 penalty units.\n(sec.62-ssec.4) The liability of the registered corporation to penalty under subsection (3) does not affect its liability in any other respect.\n- (a) any contributor to the registered corporation or his or her legal personal representative; or\n- (b) any person aggrieved who has ceased to be a contributor or his or her legal personal representative;","sortOrder":71},{"sectionNumber":"sec.63","sectionType":"section","heading":"Change of name of registered corporation","content":"### sec.63 Change of name of registered corporation\n\nA registered corporation shall notify the registrar in writing of any change of its name as soon as practicable after such change is effected according to law.\nMaximum penalty—2 penalty units.\nThe notification shall be accompanied by a certified copy of the certificate of the registration under the Corporations Act showing the change of name.\nMaximum penalty—2 penalty units.\nUpon—\nreceipt of the notification and certified copy of certificate of the registration under the Corporations Act showing the change of name; and\nthe surrender to the registrar of the certificate of registration issued to the registered corporation in the former name to carry on funeral benefit business or, if such certificate is not available for surrender, the furnishing to the registrar of a statutory declaration of such unavailability and of the reason for unavailability; and\npayment of the prescribed fee;\nthe registrar shall issue to the registered corporation a certificate of registration in its new name to carry on funeral benefit business.\ns 63 amd 1995 No. 58 s 4 sch 1 ; 2001 No. 45 s 29 sch s 2 – 3 ; 2003 No. 73 s 175\n(sec.63-ssec.1) A registered corporation shall notify the registrar in writing of any change of its name as soon as practicable after such change is effected according to law. Maximum penalty—2 penalty units.\n(sec.63-ssec.2) The notification shall be accompanied by a certified copy of the certificate of the registration under the Corporations Act showing the change of name. Maximum penalty—2 penalty units.\n(sec.63-ssec.3) Upon— receipt of the notification and certified copy of certificate of the registration under the Corporations Act showing the change of name; and the surrender to the registrar of the certificate of registration issued to the registered corporation in the former name to carry on funeral benefit business or, if such certificate is not available for surrender, the furnishing to the registrar of a statutory declaration of such unavailability and of the reason for unavailability; and payment of the prescribed fee; the registrar shall issue to the registered corporation a certificate of registration in its new name to carry on funeral benefit business.\n- (a) receipt of the notification and certified copy of certificate of the registration under the Corporations Act showing the change of name; and\n- (b) the surrender to the registrar of the certificate of registration issued to the registered corporation in the former name to carry on funeral benefit business or, if such certificate is not available for surrender, the furnishing to the registrar of a statutory declaration of such unavailability and of the reason for unavailability; and\n- (c) payment of the prescribed fee;","sortOrder":72},{"sectionNumber":"sec.64","sectionType":"section","heading":"Audit by direction of registrar","content":"### sec.64 Audit by direction of registrar\n\nWithout prejudice to any other action or remedy that may be taken under this Act by the registrar, where—\na registered corporation fails to furnish to the registrar a return in the approved form containing such particulars as are prescribed and accompanied by the prescribed documents as referred to in section 19 or 42 , as the case requires, within the period required thereby; or\nthe registrar is not satisfied with the manner in which the annual audit with respect to the receipts and payments, funds, securities, properties and effects of a registered corporation has been made; or\nthe registrar considers that, by reason of any information disclosed in the return or accompanying documents as aforesaid, it is desirable that an audit should be made under the provisions of this section;\nthe registrar may notify the registered corporation that he or she requires an audit with respect to the receipts and payments, funds, securities, properties and effects of the funeral benefit business of the corporation during the period specified by the registrar to be made by an authorised accountant appointed by the registrar; and thereupon the registered corporation shall cause the audit to be made in accordance with the notification.\nThe cost of an audit by an authorised accountant appointed by the registrar shall be paid by the registered corporation, and in default of payment by it the registrar, if the Minister approves, shall pay such cost and may recover it from the corporation in any court of competent jurisdiction as for a debt.\nThe authorised accountant shall—\nhave access to all information, data, books, papers, deeds, documents and accounts; and\nexamine the general statement of the receipts and payments, funds, securities, properties and effects, and verify the same, as far as it may be so verified, with a certificate of a financial institution (which certificate the authorised accountant is empowered to obtain) and the accounts and vouchers relating thereto and by examining the securities held;\nand upon completion of the audit shall make and forward a report of the audit to the registrar.\ns 64 amd 1990 No. 85 s 5 sch 2 ; 1995 No. 58 s 4 sch 1 ; 1997 No. 17 s 17\n(sec.64-ssec.1) Without prejudice to any other action or remedy that may be taken under this Act by the registrar, where— a registered corporation fails to furnish to the registrar a return in the approved form containing such particulars as are prescribed and accompanied by the prescribed documents as referred to in section 19 or 42 , as the case requires, within the period required thereby; or the registrar is not satisfied with the manner in which the annual audit with respect to the receipts and payments, funds, securities, properties and effects of a registered corporation has been made; or the registrar considers that, by reason of any information disclosed in the return or accompanying documents as aforesaid, it is desirable that an audit should be made under the provisions of this section; the registrar may notify the registered corporation that he or she requires an audit with respect to the receipts and payments, funds, securities, properties and effects of the funeral benefit business of the corporation during the period specified by the registrar to be made by an authorised accountant appointed by the registrar; and thereupon the registered corporation shall cause the audit to be made in accordance with the notification.\n(sec.64-ssec.2) The cost of an audit by an authorised accountant appointed by the registrar shall be paid by the registered corporation, and in default of payment by it the registrar, if the Minister approves, shall pay such cost and may recover it from the corporation in any court of competent jurisdiction as for a debt.\n(sec.64-ssec.3) The authorised accountant shall— have access to all information, data, books, papers, deeds, documents and accounts; and examine the general statement of the receipts and payments, funds, securities, properties and effects, and verify the same, as far as it may be so verified, with a certificate of a financial institution (which certificate the authorised accountant is empowered to obtain) and the accounts and vouchers relating thereto and by examining the securities held; and upon completion of the audit shall make and forward a report of the audit to the registrar.\n- (a) a registered corporation fails to furnish to the registrar a return in the approved form containing such particulars as are prescribed and accompanied by the prescribed documents as referred to in section 19 or 42 , as the case requires, within the period required thereby; or\n- (b) the registrar is not satisfied with the manner in which the annual audit with respect to the receipts and payments, funds, securities, properties and effects of a registered corporation has been made; or\n- (c) the registrar considers that, by reason of any information disclosed in the return or accompanying documents as aforesaid, it is desirable that an audit should be made under the provisions of this section;\n- (a) have access to all information, data, books, papers, deeds, documents and accounts; and\n- (b) examine the general statement of the receipts and payments, funds, securities, properties and effects, and verify the same, as far as it may be so verified, with a certificate of a financial institution (which certificate the authorised accountant is empowered to obtain) and the accounts and vouchers relating thereto and by examining the securities held;","sortOrder":73},{"sectionNumber":"sec.65","sectionType":"section","heading":"Control and management of certain accounts of registered corporations","content":"### sec.65 Control and management of certain accounts of registered corporations\n\nIn this section—\nofficer means any member of the governing body, by whatever name called, of the registered corporation, the secretary or other officer or employee thereof, any agent thereof or person having for the time being apparent charge or control of an office or part of the funeral benefit business of the registered corporation.\nthe account means the benefits trust fund or the funeral benefit business trust fund account of a registered corporation, as the case requires, including any moneys payable thereto whether actually deposited in a financial institution account or not.\nWhere it appears to the registrar that an officer has or may have misappropriated, is misappropriating or is likely to misappropriate moneys of the account or where action to cancel the registration of a registered corporation to carry on funeral benefit business is initiated under this Act, the registrar may serve notice in writing on the registered corporation or any member of the governing body, by whatever name called, of the registered corporation or the secretary thereof and on the manager or other principal officer of the financial institution where the account is kept that no moneys shall thenceforth be drawn from the account without the registrar’s approval.\nA notice served under subsection (2) shall be signed by the registrar and shall state that the registrar requires the account specified therein to be operated under the registrar’s control, and a copy of the notice shall be served on every person authorised to operate, alone or jointly with another or others, on the account.\nWhen serving the notice mentioned in subsection (2) , the registrar must also give the registered corporation, member of the governing body or the secretary being served a QCAT information notice for the decision to serve the notice.\nUpon service of a notice on the manager or other principal officer of the financial institution and until that notice ceases to be effective, no payment shall be made by the financial institution on any cheque or other instrument drawn on the account unless it bears (as well as the signatures of persons authorised to operate on the account) the signature of the registrar or of a person authorised in writing in that respect by the registrar (the registrar being hereby thereunto authorised).\nIf more persons than 1 authorised to operate on the account specified in the notice are unwilling or unable from any cause to operate thereon in conjunction with the registrar or person authorised by the registrar as aforesaid, the registrar or authorised person (with the consent in writing of the registrar) may thereupon operate on the account alone.\nA statutory declaration by the registrar or authorised person under the Oaths Act 1867 to the effect that persons authorised to operate on the account in question are unwilling or unable from any cause to operate thereon in conjunction with the registrar or authorised person is sufficient evidence to the manager or other principal officer of the financial institution of that fact.\nUpon service of the notice on the registered corporation or any member of the governing body or the secretary of the corporation and until that notice ceases to be effective, a person authorised to sign cheques or other instruments on behalf of the registered corporation in respect of the account shall not so sign any cheque or other instrument drawn on the account unless it has first been signed by the registrar or person thereunto authorised by the registrar.\nIf the registered corporation, a member of the governing body thereof, the secretary thereof, a person authorised to sign cheques or other instruments on behalf of the registered corporation in respect of the account or the manager or other principal officer of the financial institution where the account is kept knowingly contravenes or fails to comply with any provision of this section, it, he or she is guilty of an offence against this Act.\nMaximum penalty—20 penalty units.\nA registered corporation, the account of which is the subject of the service of a notice by the registrar pursuant to this section, may apply, as provided under the QCAT Act , to QCAT for a review of the registrar’s decision to serve the notice (the reviewable decision ).\nA notice served under subsection (2) shall cease to be effective—\nif the registrar rescinds it (the registrar being hereby thereunto authorised)—on the date on which it is so rescinded; or\nif QCAT on reviewing the reviewable decision makes an order rescinding it—on the date specified by QCAT as that on which the notice is rescinded or, if no such date is specified, on the date of the order.\nWhere a notice ceases to be effective, the registrar shall, as soon as practicable thereafter, serve on each person on whom it or a copy thereof has been served a further notice in writing that the notice has ceased to be effective.\nA notice or further notice authorised or required by this section to be served on any person may be so served—\nby delivering it to the person; or\nby sending it by post to the person at the person’s usual place of abode or business or at the person’s place of abode or business last known to the registrar.\nThe financial institution where the account in question is kept and the manager or other principal officer of that financial institution do not incur any civil liability to any person for dishonouring or refusing or failing to make payment in respect of a cheque or other instrument that is drawn on the account in relation to which the registrar has served a notice under subsection (2) and not signed by the registrar or a person thereunto authorised by the registrar, if such dishonour or refusal or failure to make payment occurs before the manager or other principal officer served with the notice is served by the registrar with a further notice as referred to in subsection (13) .\nNothing contained in this section operates in derogation of the provisions of section 52 (4) .\ns 65 amd 1993 No. 82 s 3 sch 1 ; 1997 No. 17 s 18 ; 1999 No. 27 s 76 sch 1 ; 1999 No. 69 s 7 sch (amdt could not be given effect); 2003 No. 19 s 3 sch ; 2009 No. 24 s 552\n(sec.65-ssec.1) In this section— officer means any member of the governing body, by whatever name called, of the registered corporation, the secretary or other officer or employee thereof, any agent thereof or person having for the time being apparent charge or control of an office or part of the funeral benefit business of the registered corporation. the account means the benefits trust fund or the funeral benefit business trust fund account of a registered corporation, as the case requires, including any moneys payable thereto whether actually deposited in a financial institution account or not.\n(sec.65-ssec.2) Where it appears to the registrar that an officer has or may have misappropriated, is misappropriating or is likely to misappropriate moneys of the account or where action to cancel the registration of a registered corporation to carry on funeral benefit business is initiated under this Act, the registrar may serve notice in writing on the registered corporation or any member of the governing body, by whatever name called, of the registered corporation or the secretary thereof and on the manager or other principal officer of the financial institution where the account is kept that no moneys shall thenceforth be drawn from the account without the registrar’s approval.\n(sec.65-ssec.3) A notice served under subsection (2) shall be signed by the registrar and shall state that the registrar requires the account specified therein to be operated under the registrar’s control, and a copy of the notice shall be served on every person authorised to operate, alone or jointly with another or others, on the account.\n(sec.65-ssec.3A) When serving the notice mentioned in subsection (2) , the registrar must also give the registered corporation, member of the governing body or the secretary being served a QCAT information notice for the decision to serve the notice.\n(sec.65-ssec.4) Upon service of a notice on the manager or other principal officer of the financial institution and until that notice ceases to be effective, no payment shall be made by the financial institution on any cheque or other instrument drawn on the account unless it bears (as well as the signatures of persons authorised to operate on the account) the signature of the registrar or of a person authorised in writing in that respect by the registrar (the registrar being hereby thereunto authorised).\n(sec.65-ssec.5) If more persons than 1 authorised to operate on the account specified in the notice are unwilling or unable from any cause to operate thereon in conjunction with the registrar or person authorised by the registrar as aforesaid, the registrar or authorised person (with the consent in writing of the registrar) may thereupon operate on the account alone.\n(sec.65-ssec.6) A statutory declaration by the registrar or authorised person under the Oaths Act 1867 to the effect that persons authorised to operate on the account in question are unwilling or unable from any cause to operate thereon in conjunction with the registrar or authorised person is sufficient evidence to the manager or other principal officer of the financial institution of that fact.\n(sec.65-ssec.7) Upon service of the notice on the registered corporation or any member of the governing body or the secretary of the corporation and until that notice ceases to be effective, a person authorised to sign cheques or other instruments on behalf of the registered corporation in respect of the account shall not so sign any cheque or other instrument drawn on the account unless it has first been signed by the registrar or person thereunto authorised by the registrar.\n(sec.65-ssec.8) If the registered corporation, a member of the governing body thereof, the secretary thereof, a person authorised to sign cheques or other instruments on behalf of the registered corporation in respect of the account or the manager or other principal officer of the financial institution where the account is kept knowingly contravenes or fails to comply with any provision of this section, it, he or she is guilty of an offence against this Act. Maximum penalty—20 penalty units.\n(sec.65-ssec.9) A registered corporation, the account of which is the subject of the service of a notice by the registrar pursuant to this section, may apply, as provided under the QCAT Act , to QCAT for a review of the registrar’s decision to serve the notice (the reviewable decision ).\n(sec.65-ssec.12) A notice served under subsection (2) shall cease to be effective— if the registrar rescinds it (the registrar being hereby thereunto authorised)—on the date on which it is so rescinded; or if QCAT on reviewing the reviewable decision makes an order rescinding it—on the date specified by QCAT as that on which the notice is rescinded or, if no such date is specified, on the date of the order.\n(sec.65-ssec.13) Where a notice ceases to be effective, the registrar shall, as soon as practicable thereafter, serve on each person on whom it or a copy thereof has been served a further notice in writing that the notice has ceased to be effective.\n(sec.65-ssec.14) A notice or further notice authorised or required by this section to be served on any person may be so served— by delivering it to the person; or by sending it by post to the person at the person’s usual place of abode or business or at the person’s place of abode or business last known to the registrar.\n(sec.65-ssec.15) The financial institution where the account in question is kept and the manager or other principal officer of that financial institution do not incur any civil liability to any person for dishonouring or refusing or failing to make payment in respect of a cheque or other instrument that is drawn on the account in relation to which the registrar has served a notice under subsection (2) and not signed by the registrar or a person thereunto authorised by the registrar, if such dishonour or refusal or failure to make payment occurs before the manager or other principal officer served with the notice is served by the registrar with a further notice as referred to in subsection (13) .\n(sec.65-ssec.16) Nothing contained in this section operates in derogation of the provisions of section 52 (4) .\n- (a) if the registrar rescinds it (the registrar being hereby thereunto authorised)—on the date on which it is so rescinded; or\n- (b) if QCAT on reviewing the reviewable decision makes an order rescinding it—on the date specified by QCAT as that on which the notice is rescinded or, if no such date is specified, on the date of the order.\n- (a) by delivering it to the person; or\n- (b) by sending it by post to the person at the person’s usual place of abode or business or at the person’s place of abode or business last known to the registrar.","sortOrder":74},{"sectionNumber":"sec.66","sectionType":"section","heading":"How payments from accounts to be made","content":"### sec.66 How payments from accounts to be made\n\nA registered corporation shall not draw against or cause any payment to be made from its benefits trust fund or funeral benefit business trust fund account, as the case may be, save by or on its cheque, crossed and marked across its face with the words ‘not negotiable’.\nMaximum penalty—2 penalty units.\ns 66 amd 2003 No. 73 s 176","sortOrder":75},{"sectionNumber":"sec.67","sectionType":"section","heading":"Compliance with requirements of registrar","content":"### sec.67 Compliance with requirements of registrar\n\nA registered corporation shall—\nfurnish to the registrar such information as the registrar may require with respect to the funeral benefit business carried on by it; and\ncomply with the requirements of the registrar in relation to the books and forms of account kept or to be kept and the entries made or to be made therein, and the manner in which such entries are made or to be made therein.\nMaximum penalty—2 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\ns 67 amd 2003 No. 73 s 177 ; 2005 No. 14 s 2 sch\n(sec.67-ssec.1) A registered corporation shall— furnish to the registrar such information as the registrar may require with respect to the funeral benefit business carried on by it; and comply with the requirements of the registrar in relation to the books and forms of account kept or to be kept and the entries made or to be made therein, and the manner in which such entries are made or to be made therein. Maximum penalty—2 penalty units.\n(sec.67-ssec.2) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —1 penalty unit.\n- (a) furnish to the registrar such information as the registrar may require with respect to the funeral benefit business carried on by it; and\n- (b) comply with the requirements of the registrar in relation to the books and forms of account kept or to be kept and the entries made or to be made therein, and the manner in which such entries are made or to be made therein.","sortOrder":76},{"sectionNumber":"sec.68","sectionType":"section","heading":"Inspection of books by contributors etc.","content":"### sec.68 Inspection of books by contributors etc.\n\nWithout prejudice to the exercise of any other power or authority under this Act—\nthe registrar, an inspector, the State actuary and, with the approval of the registrar, any contributor shall be permitted by a registered corporation to inspect the books of the corporation at all reasonable hours at its registered office or at the place where they are kept within the State; and\nthe registrar may require that any officer of a registered corporation advise him or her of the whereabouts of any information, data, books, documents or securities required by the registrar for inspection where the whereabouts are known to such officer; and\nthe registrar may require the production, within the time specified by him or her, of any information, data, books, documents or securities nominated by the registrar at his or her office or at any other place nominated by the registrar for inspection and examination by the registrar or any other person authorised under his or her hand; and\nthe registrar may require the manager or other principal officer of a financial institution or other like institution with which a registered corporation has deposited any moneys, whether in the benefits trust fund or the funeral benefit business trust fund account, as the case may be, or in any other account of the corporation, to disclose every such account to the registrar and to permit the registrar to make and take away with the registrar an extract from any book relating to or a copy of any such account.\nAny person howsoever named or described required to do any act or thing or upon whom an obligation is cast under subsection (1) shall do that act or thing or carry out that obligation as required or obliged thereunder.\nMaximum penalty—10 penalty units.\nIn subsection (1) (b) —\nofficer has the meaning that is assigned to it in section 65 (1) .\ns 68 amd 1993 No. 82 s 3 sch 1 ; 1997 No. 17 s 19 ; 2005 No. 14 s 2 sch\n(sec.68-ssec.1) Without prejudice to the exercise of any other power or authority under this Act— the registrar, an inspector, the State actuary and, with the approval of the registrar, any contributor shall be permitted by a registered corporation to inspect the books of the corporation at all reasonable hours at its registered office or at the place where they are kept within the State; and the registrar may require that any officer of a registered corporation advise him or her of the whereabouts of any information, data, books, documents or securities required by the registrar for inspection where the whereabouts are known to such officer; and the registrar may require the production, within the time specified by him or her, of any information, data, books, documents or securities nominated by the registrar at his or her office or at any other place nominated by the registrar for inspection and examination by the registrar or any other person authorised under his or her hand; and the registrar may require the manager or other principal officer of a financial institution or other like institution with which a registered corporation has deposited any moneys, whether in the benefits trust fund or the funeral benefit business trust fund account, as the case may be, or in any other account of the corporation, to disclose every such account to the registrar and to permit the registrar to make and take away with the registrar an extract from any book relating to or a copy of any such account.\n(sec.68-ssec.2) Any person howsoever named or described required to do any act or thing or upon whom an obligation is cast under subsection (1) shall do that act or thing or carry out that obligation as required or obliged thereunder. Maximum penalty—10 penalty units.\n(sec.68-ssec.3) In subsection (1) (b) — officer has the meaning that is assigned to it in section 65 (1) .\n- (a) the registrar, an inspector, the State actuary and, with the approval of the registrar, any contributor shall be permitted by a registered corporation to inspect the books of the corporation at all reasonable hours at its registered office or at the place where they are kept within the State; and\n- (b) the registrar may require that any officer of a registered corporation advise him or her of the whereabouts of any information, data, books, documents or securities required by the registrar for inspection where the whereabouts are known to such officer; and\n- (c) the registrar may require the production, within the time specified by him or her, of any information, data, books, documents or securities nominated by the registrar at his or her office or at any other place nominated by the registrar for inspection and examination by the registrar or any other person authorised under his or her hand; and\n- (d) the registrar may require the manager or other principal officer of a financial institution or other like institution with which a registered corporation has deposited any moneys, whether in the benefits trust fund or the funeral benefit business trust fund account, as the case may be, or in any other account of the corporation, to disclose every such account to the registrar and to permit the registrar to make and take away with the registrar an extract from any book relating to or a copy of any such account.","sortOrder":77},{"sectionNumber":"sec.70","sectionType":"section","heading":"Advertising","content":"### sec.70 Advertising\n\nA registered corporation shall not advertise in relation to funeral benefit business unless it has obtained the prior approval in writing of the registrar who is hereby authorised to approve of any advertisement by a registered corporation on such terms and conditions as the registrar thinks fit.\nA registered corporation that—\nso advertises without obtaining the prior approval in writing of the registrar; or\nfails to comply with any term or condition imposed by the registrar with respect to approval of an advertisement pursuant to this section;\nis guilty of an offence against this Act.\nMaximum penalty—4 penalty units.\nFor the purpose of this section—\nadvertisement includes any method of conveying information to the public whether in writing or pictorially or otherwise, including by any circular, leaflet, newspaper, publication or other document, by any placard, poster or sign or by any public announcement made by means of producing or transmitting light or sound; and any derivative of that term has a corresponding meaning.\ns 70 amd 1993 No. 82 s 3 sch 1\n(sec.70-ssec.1) A registered corporation shall not advertise in relation to funeral benefit business unless it has obtained the prior approval in writing of the registrar who is hereby authorised to approve of any advertisement by a registered corporation on such terms and conditions as the registrar thinks fit.\n(sec.70-ssec.2) A registered corporation that— so advertises without obtaining the prior approval in writing of the registrar; or fails to comply with any term or condition imposed by the registrar with respect to approval of an advertisement pursuant to this section; is guilty of an offence against this Act. Maximum penalty—4 penalty units.\n(sec.70-ssec.3) For the purpose of this section— advertisement includes any method of conveying information to the public whether in writing or pictorially or otherwise, including by any circular, leaflet, newspaper, publication or other document, by any placard, poster or sign or by any public announcement made by means of producing or transmitting light or sound; and any derivative of that term has a corresponding meaning.\n- (a) so advertises without obtaining the prior approval in writing of the registrar; or\n- (b) fails to comply with any term or condition imposed by the registrar with respect to approval of an advertisement pursuant to this section;","sortOrder":78},{"sectionNumber":"sec.71","sectionType":"section","heading":"Falsification of entries etc.","content":"### sec.71 Falsification of entries etc.\n\nA person shall not—\nwilfully make or order or allow to be made any entry or erasure in or omission from an account book, balance sheet or a contribution or collecting book or card or any return or document required to be made, kept, sent, produced or delivered for the purposes of this Act with intent to falsify the same or to evade compliance with this Act; or\nwilfully apply any moneys the property of or held by a registered corporation contrary to this Act.\nMaximum penalty—4 penalty units.\ns 71 amd 1993 No. 82 s 3 sch 1 ; 2005 No. 14 s 2 sch\n- (a) wilfully make or order or allow to be made any entry or erasure in or omission from an account book, balance sheet or a contribution or collecting book or card or any return or document required to be made, kept, sent, produced or delivered for the purposes of this Act with intent to falsify the same or to evade compliance with this Act; or\n- (b) wilfully apply any moneys the property of or held by a registered corporation contrary to this Act.","sortOrder":79},{"sectionNumber":"sec.72","sectionType":"section","heading":"False and misleading statements","content":"### sec.72 False and misleading statements\n\nA person shall not, for the purpose of inducing another person to enter into a contract or an arrangement with a registered corporation, make a statement that the person knows to be false in a material particular or that is misleading, in relation to—\nthe conditions of entering into a contract or an arrangement with the registered corporation; or\nthe services or benefits that will be provided by the registered corporation; or\nthe terms and conditions under which services or benefits may be obtained from the registered corporation.\nMaximum penalty—6 penalty units.\ns 72 amd 1993 No. 82 s 3 sch 1\n- (a) the conditions of entering into a contract or an arrangement with the registered corporation; or\n- (b) the services or benefits that will be provided by the registered corporation; or\n- (c) the terms and conditions under which services or benefits may be obtained from the registered corporation.","sortOrder":80},{"sectionNumber":"pt.7","sectionType":"part","heading":"Agreements entered into after the commencement of the Second-hand Dealers and Pawnbrokers Act 2003","content":"# Agreements entered into after the commencement of the Second-hand Dealers and Pawnbrokers Act 2003","sortOrder":81},{"sectionNumber":"sec.73","sectionType":"section","heading":"Application of pt 7","content":"### sec.73 Application of pt 7\n\nThis part applies if a person enters, or proposes to enter, into a funeral benefit agreement with an entity after the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , section 139 .\nThe Second-hand Dealers and Pawnbrokers Act 2003 , section 139 commenced on 1 December 2003.\ns 73 amd 1995 No. 58 s 4 sch 1\nsub 2003 No. 73 ss 179 , 184\namd 2023 No. 23 s 81","sortOrder":82},{"sectionNumber":"sec.74","sectionType":"section","heading":"Client care statement","content":"### sec.74 Client care statement\n\nBefore entering into the funeral benefit agreement with the person, the entity must give the person a clear and legible written statement (a client care statement ) in the approved form.\nMaximum penalty—134 penalty units.\nAfter giving the person the client care statement and before entering into the agreement with the person, the entity must—\nexplain the contents of the client care statement to the person; and\nobtain a written acknowledgement from the person that the person has received and understands the client care statement.\nMaximum penalty—134 penalty units.\nThe client care statement may be in the form of a separate document or a part of the funeral benefit agreement entered into with the person.\ns 74 ins 2003 No. 73 s 184\n(sec.74-ssec.1) Before entering into the funeral benefit agreement with the person, the entity must give the person a clear and legible written statement (a client care statement ) in the approved form. Maximum penalty—134 penalty units.\n(sec.74-ssec.2) After giving the person the client care statement and before entering into the agreement with the person, the entity must— explain the contents of the client care statement to the person; and obtain a written acknowledgement from the person that the person has received and understands the client care statement. Maximum penalty—134 penalty units.\n(sec.74-ssec.3) The client care statement may be in the form of a separate document or a part of the funeral benefit agreement entered into with the person.\n- (a) explain the contents of the client care statement to the person; and\n- (b) obtain a written acknowledgement from the person that the person has received and understands the client care statement.","sortOrder":83},{"sectionNumber":"sec.75","sectionType":"section","heading":"Person must be given copy of agreement","content":"### sec.75 Person must be given copy of agreement\n\nImmediately after entering into a funeral benefit agreement with a person, the entity must—\nif the client care statement is not part of the funeral benefit agreement—give the person a clear and legible copy of the agreement signed by the person and the entity; or\nif the client care statement is part of the funeral benefit agreement—sign the copy of the agreement given to the person.\nMaximum penalty—134 penalty units.\ns 75 ins 2003 No. 73 s 184\n- (a) if the client care statement is not part of the funeral benefit agreement—give the person a clear and legible copy of the agreement signed by the person and the entity; or\n- (b) if the client care statement is part of the funeral benefit agreement—sign the copy of the agreement given to the person.","sortOrder":84},{"sectionNumber":"sec.76","sectionType":"section","heading":"Cooling-off period","content":"### sec.76 Cooling-off period\n\nWithin 30 clear days after the entity gives the person the signed copy of the funeral benefit agreement, the person may, by signed notice given to the entity, end the agreement.\ns 76 ins 2003 No. 73 s 184","sortOrder":85},{"sectionNumber":"sec.77","sectionType":"section","heading":"Consequences of exercising rights in cooling-off period","content":"### sec.77 Consequences of exercising rights in cooling-off period\n\nIf the person ends a funeral benefit agreement under section 76 —\nthe entity is entitled to the amount prescribed under a regulation or, if no amount is prescribed, $50; and\nthe entity must refund to the person the whole of the amount the person has paid to the entity under the agreement, other than an amount the entity is entitled to under paragraph (a) ; and\nsubject to paragraph (a) , the person is not liable to the entity in any way for ending the agreement.\nThe entity must refund the amount mentioned in subsection (1) (b) within 7 days after receiving the person’s notice.\nMaximum penalty—134 penalty units.\nSubsection (1) (c) has effect despite anything to the contrary in the contract.\ns 77 ins 2003 No. 73 s 184\n(sec.77-ssec.1) If the person ends a funeral benefit agreement under section 76 — the entity is entitled to the amount prescribed under a regulation or, if no amount is prescribed, $50; and the entity must refund to the person the whole of the amount the person has paid to the entity under the agreement, other than an amount the entity is entitled to under paragraph (a) ; and subject to paragraph (a) , the person is not liable to the entity in any way for ending the agreement.\n(sec.77-ssec.2) The entity must refund the amount mentioned in subsection (1) (b) within 7 days after receiving the person’s notice. Maximum penalty—134 penalty units.\n(sec.77-ssec.3) Subsection (1) (c) has effect despite anything to the contrary in the contract.\n- (a) the entity is entitled to the amount prescribed under a regulation or, if no amount is prescribed, $50; and\n- (b) the entity must refund to the person the whole of the amount the person has paid to the entity under the agreement, other than an amount the entity is entitled to under paragraph (a) ; and\n- (c) subject to paragraph (a) , the person is not liable to the entity in any way for ending the agreement.","sortOrder":86},{"sectionNumber":"sec.78","sectionType":"section","heading":"Person to be advised that the person may enter into an agreement with an authorised investment manager","content":"### sec.78 Person to be advised that the person may enter into an agreement with an authorised investment manager\n\nSubsection (2) applies to an entity other than an authorised investment manager.\nBefore the entity enters into a funeral benefit agreement with a person, the entity must advise the person that the person may instead enter into a funeral benefit agreement with an authorised investment manager.\nMaximum penalty—134 penalty units.\ns 78 ins 2003 No. 73 s 184\n(sec.78-ssec.1) Subsection (2) applies to an entity other than an authorised investment manager.\n(sec.78-ssec.2) Before the entity enters into a funeral benefit agreement with a person, the entity must advise the person that the person may instead enter into a funeral benefit agreement with an authorised investment manager. Maximum penalty—134 penalty units.","sortOrder":87},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application of Trusts Act 1973","content":"### sec.79 Application of Trusts Act 1973\n\nThis section applies to an entity other than—\nan authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; or\na company registered under the Life Insurance Act 1995 (Cwlth) .\nThe nominated Trusts Act provisions apply to payments made by a contributor to the entity under a funeral benefit agreement as if the entity were a trustee, and the payments were trust property, within the meaning of the Trusts Act 1973 .\nIn this section—\nnominated Trusts Act provisions mean the following provisions of the Trusts Act 1973 —\npart 1 ;\npart 2 , other than sections 17 and 18 ;\npart 3 , other than sections 28 , 30 and 30A ;\npart 4 , other than sections 32 to 48 , 53 and 57 ;\npart 5 ;\npart 6 , other than sections 66 , 67 , 73 to 75 , and 78 ;\npart 7 , other than sections 84 , 86 to 89 , 93 and 95 ;\npart 9 , other than sections 110 , 112 and 113 .\ns 79 ins 2003 No. 73 s 184\namd 2023 No. 23 s 82\n(sec.79-ssec.1) This section applies to an entity other than— an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; or a company registered under the Life Insurance Act 1995 (Cwlth) .\n(sec.79-ssec.2) The nominated Trusts Act provisions apply to payments made by a contributor to the entity under a funeral benefit agreement as if the entity were a trustee, and the payments were trust property, within the meaning of the Trusts Act 1973 .\n(sec.79-ssec.3) In this section— nominated Trusts Act provisions mean the following provisions of the Trusts Act 1973 — part 1 ; part 2 , other than sections 17 and 18 ; part 3 , other than sections 28 , 30 and 30A ; part 4 , other than sections 32 to 48 , 53 and 57 ; part 5 ; part 6 , other than sections 66 , 67 , 73 to 75 , and 78 ; part 7 , other than sections 84 , 86 to 89 , 93 and 95 ; part 9 , other than sections 110 , 112 and 113 .\n- (a) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; or\n- (b) a company registered under the Life Insurance Act 1995 (Cwlth) .\n- (a) part 1 ;\n- (b) part 2 , other than sections 17 and 18 ;\n- (c) part 3 , other than sections 28 , 30 and 30A ;\n- (d) part 4 , other than sections 32 to 48 , 53 and 57 ;\n- (e) part 5 ;\n- (f) part 6 , other than sections 66 , 67 , 73 to 75 , and 78 ;\n- (g) part 7 , other than sections 84 , 86 to 89 , 93 and 95 ;\n- (h) part 9 , other than sections 110 , 112 and 113 .","sortOrder":88},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application of Trust Accounts Act 1973","content":"### sec.80 Application of Trust Accounts Act 1973\n\nIf a payment is made by or on behalf of a contributor to an entity under a funeral benefit agreement—\nthe entity is a trustee under the Trust Accounts Act 1973 ; and\nthe payment is trust moneys within the meaning of the Trust Accounts Act 1973 .\nSubsection (1) (a) does not apply to—\nan authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; or\na company registered under the Life Insurance Act 1995 (Cwlth) .\nSee the Trust Accounts Act 1973 , section 4AA .\ns 80 ins 2003 No. 73 s 184\nsub 2023 No. 23 s 83\n(sec.80-ssec.1) If a payment is made by or on behalf of a contributor to an entity under a funeral benefit agreement— the entity is a trustee under the Trust Accounts Act 1973 ; and the payment is trust moneys within the meaning of the Trust Accounts Act 1973 .\n(sec.80-ssec.2) Subsection (1) (a) does not apply to— an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; or a company registered under the Life Insurance Act 1995 (Cwlth) . See the Trust Accounts Act 1973 , section 4AA .\n- (a) the entity is a trustee under the Trust Accounts Act 1973 ; and\n- (b) the payment is trust moneys within the meaning of the Trust Accounts Act 1973 .\n- (a) an authorised deposit-taking institution under the Banking Act 1959 (Cwlth) ; or\n- (b) a company registered under the Life Insurance Act 1995 (Cwlth) .","sortOrder":89},{"sectionNumber":"pt.8","sectionType":"part","heading":"General provisions for funeral benefit businesses","content":"# General provisions for funeral benefit businesses","sortOrder":90},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 orig s 81 om 1993 No. 82 s 3 sch 1\nprev s 81 ins 1995 No. 58 s 4 sch 1\npres s 81 (prev s 69) amd 1993 No. 82 s 3 sch 1 ; 2003 No. 73 s 178 (1)\nreloc and renum 2003 No. 73 s 178 (2)\namd 2005 No. 14 s 2 sch\nom 2014 No. 8 s 119","sortOrder":91},{"sectionNumber":"sec.82","sectionType":"section","heading":"Proceedings for offences","content":"### sec.82 Proceedings for offences\n\nA proceeding for an offence against this Act must start—\nwithin 1 year from the commission of the offence; or\nwithin 6 months from when the offence comes to the complainant’s knowledge, but within 2 years from the commission of the offence;\nwhichever is the later.\ns 82 prev s 82 ins 1995 No. 58 s 4 sch 1\nexp 28 May 1996 (see s 82(3))\npres s 82 (prev s 74) sub 1993 No. 82 s 3 sch 1\nreloc and renum 2003 No. 73 s 183\n- (a) within 1 year from the commission of the offence; or\n- (b) within 6 months from when the offence comes to the complainant’s knowledge, but within 2 years from the commission of the offence;","sortOrder":92},{"sectionNumber":"sec.83","sectionType":"section","heading":"Institution of proceedings","content":"### sec.83 Institution of proceedings\n\nProceedings for an offence against this Act may be instituted by the registrar or by a person authorised in writing by the registrar to institute the proceedings.\ns 83 (prev s 75) amd 2003 No. 73 s 180\nreloc and renum 2003 No. 73 s 183","sortOrder":93},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 (prev s 76) amd 2003 No. 73 s 181\nreloc and renum 2003 No. 73 s 183\nom 2013 No. 51 s 54","sortOrder":94},{"sectionNumber":"sec.85","sectionType":"section","heading":"Matters relating to evidence and proof","content":"### sec.85 Matters relating to evidence and proof\n\nIn any proceeding under or for the purposes of this Act—\nit shall not be necessary to prove the appointment of the registrar, an inspector or the State actuary; and\na signature purporting to be that of a person in any capacity referred to in paragraph (a) shall be taken to be the signature it purports to be until the contrary is proved; and\na return, report, notice or other document purporting to be duly signed and forwarded to the registrar by the secretary or public officer of a registered corporation and otherwise in conformity with this Act may be received as evidence of any matters stated in such return, report, notice or other document; and\nthe onus of proving that any return, report, notice or document required to be sent or given to the registrar has been so sent or given or that any return, report, notice or document has been compiled or made as required by this Act shall, where the proceeding is in respect of a failure to send or give or compile or make the return, report, notice or document, lie on the registered corporation or officer, secretary or other person against which or whom such failure is alleged; and\na certificate purporting to be signed by the registrar certifying that a person named therein is a person possessing actuarial knowledge and experience satisfactory to the Governor in Council and is approved of by the Governor in Council as being an actuary accordingly shall, upon its production, be admissible as evidence of the matters contained in the certificate.\ns 85 (prev s 77) amd 1993 No. 82 s 3 sch 1\nreloc and renum 2003 No. 73 s 183\namd 2005 No. 14 s 2 sch\n- (a) it shall not be necessary to prove the appointment of the registrar, an inspector or the State actuary; and\n- (b) a signature purporting to be that of a person in any capacity referred to in paragraph (a) shall be taken to be the signature it purports to be until the contrary is proved; and\n- (c) a return, report, notice or other document purporting to be duly signed and forwarded to the registrar by the secretary or public officer of a registered corporation and otherwise in conformity with this Act may be received as evidence of any matters stated in such return, report, notice or other document; and\n- (d) the onus of proving that any return, report, notice or document required to be sent or given to the registrar has been so sent or given or that any return, report, notice or document has been compiled or made as required by this Act shall, where the proceeding is in respect of a failure to send or give or compile or make the return, report, notice or document, lie on the registered corporation or officer, secretary or other person against which or whom such failure is alleged; and\n- (e) a certificate purporting to be signed by the registrar certifying that a person named therein is a person possessing actuarial knowledge and experience satisfactory to the Governor in Council and is approved of by the Governor in Council as being an actuary accordingly shall, upon its production, be admissible as evidence of the matters contained in the certificate.","sortOrder":95},{"sectionNumber":"sec.86","sectionType":"section","heading":"Protection from liability","content":"### sec.86 Protection from liability\n\nThis section applies to—\nthe registrar; and\na person acting under the registrar’s authorisation; and\nan inspector; and\nthe State actuary.\nThe person does not incur civil liability for an act or omission done honestly and without negligence under this Act.\nA liability that would, apart from this section, attach to the person attaches instead to the State.\ns 86 (prev s 78) sub 1993 No. 82 s 3 sch 1\nreloc and renum 2003 No. 73 s 183\n(sec.86-ssec.1) This section applies to— the registrar; and a person acting under the registrar’s authorisation; and an inspector; and the State actuary.\n(sec.86-ssec.2) The person does not incur civil liability for an act or omission done honestly and without negligence under this Act.\n(sec.86-ssec.3) A liability that would, apart from this section, attach to the person attaches instead to the State.\n- (a) the registrar; and\n- (b) a person acting under the registrar’s authorisation; and\n- (c) an inspector; and\n- (d) the State actuary.","sortOrder":96},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 (prev s 79) sub 1995 No. 58 s 4 sch 1\nreloc and renum 2003 No. 73 s 183\nom 2009 No. 24 s 553","sortOrder":97},{"sectionNumber":"sec.88","sectionType":"section","heading":"Regulation-making power","content":"### sec.88 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made with respect to any of the following matters—\nthe functions and duties of the registrar;\nthe inspection of documents kept by the registrar;\nthe payment by registered corporations of proportions of contributions received into benefits trust funds and funeral benefit business trust fund accounts and the transfer of amounts from benefits trust funds to the fund;\nthe conduct of the administration of the fund;\nthe maximum number of contracts a registered corporation may enter into for a single person;\nthe matters for which fees are payable under this Act, the amount of the fees, the persons who are liable to pay fees, when the fees are payable, and the recovery of unpaid amounts of fees;\nprescribing offences for contraventions of a regulation and fixing a maximum penalty of not more than 1 penalty unit for a contravention;\nadvertising by registered corporations about the funeral benefit business.\ns 88 (prev s 80) sub 1993 No. 82 s 3 sch 1\namd 1995 No. 58 s 4 sch 1 ; 1999 No. 27 s 76 sch 1 ; 2003 No. 19 s 3 sch ; 2003 No. 73 s 182\nreloc and renum 2003 No. 73 s 183\namd 2013 No. 25 s 40\n(sec.88-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.88-ssec.2) A regulation may be made with respect to any of the following matters— the functions and duties of the registrar; the inspection of documents kept by the registrar; the payment by registered corporations of proportions of contributions received into benefits trust funds and funeral benefit business trust fund accounts and the transfer of amounts from benefits trust funds to the fund; the conduct of the administration of the fund; the maximum number of contracts a registered corporation may enter into for a single person; the matters for which fees are payable under this Act, the amount of the fees, the persons who are liable to pay fees, when the fees are payable, and the recovery of unpaid amounts of fees; prescribing offences for contraventions of a regulation and fixing a maximum penalty of not more than 1 penalty unit for a contravention; advertising by registered corporations about the funeral benefit business.\n- (a) the functions and duties of the registrar;\n- (b) the inspection of documents kept by the registrar;\n- (c) the payment by registered corporations of proportions of contributions received into benefits trust funds and funeral benefit business trust fund accounts and the transfer of amounts from benefits trust funds to the fund;\n- (d) the conduct of the administration of the fund;\n- (e) the maximum number of contracts a registered corporation may enter into for a single person;\n- (f) the matters for which fees are payable under this Act, the amount of the fees, the persons who are liable to pay fees, when the fees are payable, and the recovery of unpaid amounts of fees;\n- (g) prescribing offences for contraventions of a regulation and fixing a maximum penalty of not more than 1 penalty unit for a contravention;\n- (h) advertising by registered corporations about the funeral benefit business.","sortOrder":98},{"sectionNumber":"sec.89","sectionType":"section","heading":"Approval of forms","content":"### sec.89 Approval of forms\n\nThe chief executive may approve forms for use under this Act.\ns 89 (prev s 81) reloc and renum 2003 No. 73 s 183","sortOrder":99},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013","sortOrder":100},{"sectionNumber":"sec.90","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.90 Definitions for pt 9\n\nIn this part—\nboard means the Board of Trustees established under former section 9(2).\nbody corporate means the body corporate named ‘Trustees of the Funeral Benefit Trust Fund’ and continued in existence by former section 9(4).\ncommencement means the commencement of this section.\nformer , in relation to a provision, means the provision as in force before the commencement.\ns 90 ins 2013 No. 25 s 41","sortOrder":101},{"sectionNumber":"sec.91","sectionType":"section","heading":"Abolition of the board","content":"### sec.91 Abolition of the board\n\nAt the commencement—\nthe trustees of the board stop being members of the board; and\nthe board is abolished; and\nthe body corporate ceases to exist.\nNo compensation is payable to a member of the board because of subsection (1).\ns 91 ins 2013 No. 25 s 41\n(sec.91-ssec.1) At the commencement— the trustees of the board stop being members of the board; and the board is abolished; and the body corporate ceases to exist.\n(sec.91-ssec.2) No compensation is payable to a member of the board because of subsection (1).\n- (a) the trustees of the board stop being members of the board; and\n- (b) the board is abolished; and\n- (c) the body corporate ceases to exist.","sortOrder":102},{"sectionNumber":"sec.92","sectionType":"section","heading":"Legal successor of the board","content":"### sec.92 Legal successor of the board\n\nThe State is the successor in law of the board.\ns 92 ins 2013 No. 25 s 41","sortOrder":103},{"sectionNumber":"sec.93","sectionType":"section","heading":"Claim given to board to be dealt with by registrar","content":"### sec.93 Claim given to board to be dealt with by registrar\n\nThis section applies if, before the commencement, the board received a claim on the fund or other application under this Act, and the claim or application has not been finalised before the commencement.\nThe registrar may deal with the claim or application under this Act as in force after the commencement.\ns 93 ins 2013 No. 25 s 41\n(sec.93-ssec.1) This section applies if, before the commencement, the board received a claim on the fund or other application under this Act, and the claim or application has not been finalised before the commencement.\n(sec.93-ssec.2) The registrar may deal with the claim or application under this Act as in force after the commencement.","sortOrder":104},{"sectionNumber":"sec.94","sectionType":"section","heading":"References to the board","content":"### sec.94 References to the board\n\nA reference in an Act or other document to the board is, if the context permits, taken to be a reference to the registrar.\ns 94 ins 2013 No. 25 s 41","sortOrder":105},{"sectionNumber":"sec.95","sectionType":"section","heading":"Proceeding not yet started by or against the board","content":"### sec.95 Proceeding not yet started by or against the board\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against the board.\nThe proceeding may be started by or against the State.\ns 95 ins 2013 No. 25 s 41\n(sec.95-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against the board.\n(sec.95-ssec.2) The proceeding may be started by or against the State.","sortOrder":106},{"sectionNumber":"sec.96","sectionType":"section","heading":"Other things done by board","content":"### sec.96 Other things done by board\n\nThis section applies to anything done by the board under this Act that, after the commencement, could be done by the registrar.\nThe thing done by the board—\ncontinues to have effect; and\nfrom the commencement, is taken to have been done by the registrar.\ns 96 ins 2013 No. 25 s 41\nsch om 1993 No. 82 s 3 sch 1\n(sec.96-ssec.1) This section applies to anything done by the board under this Act that, after the commencement, could be done by the registrar.\n(sec.96-ssec.2) The thing done by the board— continues to have effect; and from the commencement, is taken to have been done by the registrar.\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to have been done by the registrar.","sortOrder":107}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act centralises administration and ownership of the Funeral Benefit Trust Fund in the registrar/State by abolishing the former Board and continuing the Fund as a departmental account (ss.9,91–96). That transition shifts operational responsibility and legal title to the registrar/State, altering who performs and governs key functions even where the substantive regulatory objectives for funds and accounts remain."},"complexity_factors":["Multiple interlinked funds and accounts (corporate benefits trust funds, funeral benefit business trust fund, and central Funeral Benefit Trust Fund) with different rules for part 3 and part 4 corporations (ss.9,14,15,38–41).","Registrar’s central role and broad discretion over administration, payments, directions to corporations and consent to transactions (ss.6,9,11,16,21–23,41,44–46).","Periodic actuarial valuation regime requiring State actuary valuations and resulting regulatory directions on deficiencies or surpluses (ss.20,21,22,43,44,45).","Detailed rules for registration, rule‑making and rule approval that can affect contribution sufficiency and require actuarial certification (ss.32,36,61).","Enforcement and remediation mechanisms including continuing offences, audit powers, control notices over bank accounts and QCAT cancellation procedures (ss.14,19,64,65,52).","Sale, transfer and cancellation regimes that reassign funds and impose pre‑conditions on transfers (ss.50,51,52).","Application of trust and trust‑accounts legislation to entities (ss.79,80) introducing external statutory trust duties and compliance burdens.","Recordkeeping, contributor registers and disclosure requirements that create ongoing administrative obligations on corporations (ss.19,42,47,48)."],"plain_english_summary":"This Act creates a regulatory framework for funeral benefit businesses. It requires corporations to keep separate trust accounts for contributor payments (s.14), notify the registrar of account details (s.14(3)), and transfer most monthly balances to a central Funeral Benefit Trust Fund administered by the registrar (s.15; s.9). The Fund is invested and interest allocated proportionately to each corporation’s account (s.11), and benefits are paid from the Fund on the registrar’s certification of claims (s.16)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.40(3A)","severity":"medium","reasoning":"Section 40(3A) states: 'An offence against subsection (3) is a continuing offence' but then states 'Maximum penalty for each day the offence continues after a conviction against subsection (1)—1 penalty unit.' This internally references the wrong subsection, creating ambiguity about whether the daily penalty applies to a breach of s40(1) or s40(3). This is a drafting error that produces a logical inconsistency within the same provision.","confidence":0.92,"description":"Cross-reference error in continuing offence penalty provision: section 40(3A) creates a continuing offence for breach of subsection (3) but the maximum daily penalty after conviction references 'subsection (1)' instead of 'subsection (3)'."},{"type":"self_contradicting","section":"sec.41(1) and sec.41(9)","severity":"high","reasoning":"The absolute prohibition in s41(1) ('shall not be applied...for any other purpose') is undermined by s41(9) which creates an exception by registrar approval. While s41(1) says 'Subject to this Act', the tension between an absolute statutory prohibition and a discretionary override within the same section is a significant structural contradiction that could generate compliance confusion.","confidence":0.88,"description":"Section 41(1) states the funeral benefit business trust fund 'shall not be available for and shall not be applied, directly or indirectly, for any other purpose', yet section 41(9) expressly allows the registrar to approve the application of moneys from the same fund 'for a purpose other than a purpose specified in subsection (1)'. This creates a direct internal contradiction within the same section."},{"type":"circular_definition","section":"sec.22(4)","severity":"medium","reasoning":"Section 22(4) allows the registrar to withhold the s22(1) surplus notification until repayment is made to the corporation. But the repayment is certified by the registrar under s22(2) 'before making the notification referred to in subsection (1)'. This creates a sequencing loop: notification triggers payment obligation, payment must precede notification, and the same valuation event drives both. In practice this may be manageable, but as drafted the logical ordering is circular.","confidence":0.75,"description":"The registrar is not obliged to give the surplus notification under s22(1) until repayment of prior deficiency amounts is made to the corporation under s22(2)-(3), but the trigger for making those payments is a valuation that reveals a surplus—the same valuation that generates the s22(1) notification obligation. This creates a circular condition: the notification cannot be given until payment is made, but the basis for payment arises from the same valuation event that should trigger the notification."},{"type":"impossible_compliance","section":"sec.41(2)","severity":"medium","reasoning":"If the registrar determines a high notional interest rate under s41(2) (after consulting the State actuary), and the actual rental or income derived from the property is low, the formula 'income minus notional interest' could yield zero or a negative figure. Yet the corporation still has actual statutory obligations to pay rates and taxes, creating a situation where the Act cannot be complied with from the trust fund, forcing recourse to s41(3) (external corporation funds) as the only remedy—which effectively undermines the trust fund protection mechanism.","confidence":0.72,"description":"Section 41(2) limits payments for rates, taxes, maintenance and upkeep of land/buildings to amounts not exceeding income derived from the property less a notional interest charge. This could mathematically produce a negative or zero allowable payment in cases where the notional interest exceeds the actual income, making compliance with the payment obligation in s41(1)(f) arithmetically impossible in some scenarios."},{"type":"circular_definition","section":"sec.5 (definition of 'actuary', para (d))","severity":"low","reasoning":"The fourth category of actuary is defined purely by executive approval rather than any objective professional standard. While the Act lists three professional bodies for the first three categories, the catch-all category is defined entirely by the approval it requires. This is not technically circular in the strictest sense but it is essentially a tautology: the Governor in Council decides who counts as an actuary for the Act's purposes, with no reviewable criteria.","confidence":0.7,"description":"The definition of 'actuary' includes 'any other person possessing actuarial knowledge and experience satisfactory to the Governor in Council and approved of by the Governor in Council as being an actuary accordingly.' This creates a circular definition: a person is an actuary if approved as an actuary by the Governor in Council, with no objective standard specified beyond unquantified 'knowledge and experience'."},{"type":"impossible_compliance","section":"sec.32(d)","severity":"medium","reasoning":"While regulations could increase the limit, the Act itself still specifies $1500 as the default. If no regulation has been made increasing the limit, the Act mandates a cap that makes the purpose of the benefit (meeting funeral expenses) practically unachievable. The reliance on delegated legislation to keep the provision operative is structurally problematic.","confidence":0.8,"description":"Section 32(d) caps a funeral benefit consisting of payment of money at $1500 'or such greater sum as may be prescribed from time to time'. Given the Act dates from 1982, the $1500 cap has never been updated on the face of the Act and is now grossly inadequate relative to the actual cost of funerals (which commonly exceed $10,000 in contemporary Queensland). This creates a practical impossibility: the $1500 cap cannot meet 'the whole or part of the expenses' of a funeral as contemplated."},{"type":"other","section":"sec.47(4)","severity":"low","reasoning":"If the registrar exercises the dispensation power under s43(2) and waives a quinquennial valuation indefinitely, the 12-month clock never starts running, meaning records of former contributors can never lawfully be removed. This creates an inadvertent perpetual record retention obligation.","confidence":0.68,"description":"A corporation must not remove register entries relating to a person who has ceased to be a contributor until '12 months after the valuation under section 43 next following the person so ceasing'. Since valuations occur at least once every 5 years (s43(1)), a person who ceases to be a contributor immediately after a valuation could have their records retained for up to 6 years (5 years until next valuation plus 12 months), creating disproportionate record retention obligations with no upper limit if valuations are dispensed with under s43(2)."},{"type":"self_contradicting","section":"sec.20(2) and sec.43(2)","severity":"low","reasoning":"The policy distinction is not explained in the Act. Part 3 corporations (older, pre-existing businesses under the repealed s7) can have valuations dispensed with on the registrar's initiative alone, whereas Part 4 corporations must apply. This may reflect a drafting oversight rather than deliberate policy.","confidence":0.65,"description":"Under s20(2), the registrar may dispense with a valuation on the registrar's own motion after consulting the State actuary. Under s43(2), the same power for Part 4 corporations requires an application by the corporation first. This creates an asymmetry where Part 3 corporations are subject to a less rigorous dispensation process than Part 4 corporations."}],"contradictions":[{"severity":"high","section_a":"sec.41(1)","section_b":"sec.41(9)","confidence":0.87,"description":"Section 41(1) absolutely prohibits applying the funeral benefit business trust fund for any purpose not specified in that subsection, stating it 'shall not be available for and shall not be applied, directly or indirectly, for any other purpose'. Section 41(9) then expressly permits the registrar to approve the application of moneys from the same fund 'for a purpose other than a purpose specified in subsection (1)'. The 'Subject to this Act' qualifier in s41(1) partially resolves this, but the contradiction between an absolute prohibition and a broad override within the same section remains significant."},{"severity":"high","section_a":"sec.17(1)","section_b":"sec.18","confidence":0.85,"description":"Section 17(1) restricts the application of the benefits trust fund and the fund to a closed list of specified purposes only, with funds expressly not available for any other purpose. Section 18 then grants the registrar a broad discretion to make payments from the fund 'notwithstanding any provision of this Act or of the registered rules... and notwithstanding that no provision of this Act... authorises or envisages such a payment'. This creates a direct contradiction between the restrictive application regime of s17 and the unfettered override power in s18."},{"severity":"medium","section_a":"sec.41(8)","section_b":"sec.41(10)","confidence":0.82,"description":"Section 41(8) prohibits disposal, mortgage, charge or encumbrance of trust fund property without registrar approval. Section 41(10) provides that a transaction shall not be invalidated merely because it contravened s41(8). These provisions are in tension: s41(8) creates a hard prohibition, but s41(10) effectively renders that prohibition unenforceable against third parties by preserving the validity of prohibited transactions. This undermines the protective purpose of s41(8) while simultaneously maintaining criminal liability under it."},{"severity":"medium","section_a":"sec.41(6)","section_b":"sec.41(6A)","confidence":0.8,"description":"Section 41(6) grants a corporation a broad discretion to make payments from the trust fund 'notwithstanding any provision of this Act or of the registered rules or of the contract under which contributions were paid'. Section 41(6A) then immediately limits this by prohibiting payment of amounts exceeding those 'applicable to that service' and requiring surrender values to be calculated 'in accordance with the registered rules'. The broad 'notwithstanding' override in s41(6) is directly contradicted by s41(6A)'s reinstatement of the registered rules as the ceiling."},{"severity":"low","section_a":"sec.14(2)","section_b":"sec.15(1)","confidence":0.65,"description":"Section 14(2) requires all contributions paid to a corporation to be paid into the benefits trust fund and kept separate. Section 15(1) then requires that at the end of each calendar month, substantially all moneys in the benefits trust fund (except those received from the Funeral Benefit Trust Fund under s16 and the management proportion under s17(1)(e)) be transferred to the centralised Funeral Benefit Trust Fund. This means contributions deposited under s14(2) are mandatorily removed under s15(1), rendering the s14(2) obligation a brief staging point rather than a meaningful trust protection—potentially inconsistent with the stated trust character of the fund."},{"severity":"medium","section_a":"sec.5 (definition of 'registered corporation')","section_b":"sec.5 (definitions of 'part 3 corporation' and 'part 4 corporation')","confidence":0.88,"description":"The definition of 'registered corporation' includes 'a part 3 corporation or part 4 corporation'. A 'part 3 corporation' is defined by reference to 'repealed section 7', which was repealed in 1995. A 'part 4 corporation' is defined as a corporation registered immediately before 1 December 2003. Both categories are therefore entirely historical and closed. No new corporation can ever become a 'registered corporation' under the Act, yet the Act continues to impose ongoing obligations (ss.19, 36, 42, 47 etc.) framed in present tense on 'registered corporations', creating a regulatory regime that applies to a closed and shrinking class with no mechanism for new entrants."}]},"kimi_summary":{"_metrics":{"completionTokens":637},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1982 scope. Originally focused on basic registration and trust fund requirements for funeral benefit businesses, it now includes: consumer protection provisions (cooling-off periods, disclosure statements) added in 2003; integration with the Fair Trading Inspectors Act 2014; QCAT review mechanisms; abolition of the Board of Trustees with transfer of functions to the registrar in 2013; and complex transitional arrangements for pre-2003 and post-2003 agreements. The regulatory framework has grown from simple trust fund management to a comprehensive consumer protection and financial oversight regime."},"complexity_factors":["Dual regulatory schemes (Part 3 and Part 4 corporations) with different trust fund structures","Extensive cross-referencing to other legislation including Corporations Act, Trusts Act 1973, Trust Accounts Act 1973, QCAT Act, and Fair Trading Inspectors Act 2014","Multiple nested definitions including 'part 3 corporation', 'part 4 corporation', 'registered corporation', 'repealed section 7', and 'nominated property'","Conditional logic throughout, particularly in sections 40-41 on investment restrictions and fund applications","Transitional provisions dealing with historical amendments including abolition of the Board of Trustees in 2013","Detailed procedural requirements for valuations, rule changes, and cancellation of registration with multiple steps and timeframes","Protective provisions that apply 'despite' other laws (e.g., section 17(2), 41(1A)) creating layered exceptions"],"plain_english_summary":"This Act regulates **funeral benefit businesses** in Queensland — companies that let people pay in advance for funeral services through regular contributions.\n\n**What it does:**\n- **Protects consumer money** by requiring businesses to hold contributions in separate trust funds that can't be touched by creditors\n- **Creates two regulatory schemes**: one for older businesses (Part 3) with a government-managed Funeral Benefit Trust Fund, and one for newer businesses (Part 4) with their own trust fund accounts\n- **Requires registration** with a government registrar (the chief executive) who oversees compliance\n- **Mandates financial safeguards**: regular actuarial valuations every 5 years, audited accounts, and restrictions on how money can be invested or spent\n- **Provides consumer protections**: 30-day cooling-off period for new agreements, mandatory disclosure statements, and dispute resolution through the registrar or QCAT\n- **Allows the registrar to intervene** in cases of financial trouble, mismanagement, or when businesses try to sell or wind up\n\n**Who it affects:**\n- People paying into funeral benefit schemes (contributors)\n- Funeral benefit businesses (registered corporations)\n- The government registrar who administers the system\n\n**Why it matters:**\nPre-paid funeral schemes involve significant sums of money paid years in advance. This Act ensures those funds remain secure and available when needed, preventing businesses from misusing contributor money or collapsing with insufficient funds to meet their obligations."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original scope (1982) was to regulate and register all corporations carrying on funeral benefit business in Queensland, including establishing registration requirements for new entrants. Following the Second-hand Dealers and Pawnbrokers Act 2003 amendments (commencing 1 December 2003), new funeral benefit businesses are no longer registered under this Act. The Act's scope has significantly narrowed: it now functions primarily as a legacy management framework, governing only pre-existing funeral benefit agreements entered into before December 2003. The registrar no longer registers new corporations under this Act, and the operative Parts 3 and 4 apply only to 'part 3 corporations' and 'part 4 corporations' — defined categories of businesses that were registered before the 2003 changes."},"complexity_factors":["Dual regulatory regime: two separate parts (Part 3 and Part 4) with different rules for different categories of legacy corporations, requiring readers to identify which category applies to them","Heavy reliance on cross-references: sections frequently refer to other sections, repealed sections, and other Acts (Corporations Act, Trusts Act 1973, Fair Trading Inspectors Act 2014, Financial Accountability Act 2009, QCAT Act), making it difficult to understand any provision in isolation","Historical layering: the Act has been amended many times since 1982, and numerous sections have been omitted or replaced, creating gaps and references to repealed provisions that still have legal effect via the Acts Interpretation Act 1954 s 20A","Technical financial and actuarial concepts: quinquennial valuations, surrender values, assets vs liabilities assessments, nominated property calculations, and investment return crediting rules require specialist knowledge to fully understand","Multiple trust fund structures: Part 3 uses a centralised government-administered Funeral Benefit Trust Fund; Part 4 uses individual corporate trust funds — each with different payment, investment, and oversight rules","Scope limited to legacy matters: the Act no longer registers new businesses, making its practical application narrow but its existing obligations complex for those it still covers","Interaction with Corporations Act: the Act explicitly overrides some Corporations Act provisions (e.g. trust fund protection from creditors), creating potential confusion about which law applies","Continuing offence provisions with per-day penalties add an additional layer of complexity to compliance obligations"],"plain_english_summary":"This Act governs Queensland businesses that sold pre-paid funeral plans, protecting consumers by requiring contributions to be held in separate trust funds, shielding those funds from creditors, and giving rights to inspection and refunds. It requires periodic five‑year financial checks and registrar oversight to ensure businesses can meet promises. The law now mainly manages legacy plans taken out before 2003."}},"importantCases":[],"_links":{"self":"/api/acts/funeral-benefit-business-act-1982","history":"/api/acts/funeral-benefit-business-act-1982/history","analysis":"/api/acts/funeral-benefit-business-act-1982/analysis","conflicts":"/api/acts/funeral-benefit-business-act-1982/conflicts","importantCases":"/api/acts/funeral-benefit-business-act-1982/important-cases","documents":"/api/acts/funeral-benefit-business-act-1982/documents"}}