{"id":"qld:sl-2010-0271","name":"Funeral Benefit Business Regulation 2010","slug":"funeral-benefit-business-regulation-2010","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"271 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175796,"registerId":"qld-qld:sl-2010-0271-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Funeral Benefit Business Regulation 2010 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":null,"content":"","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 2013 SL No. 140 s 3","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 om 2013 SL No. 140 s 3","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 om 2013 SL No. 140 s 3","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2013 SL No. 140 s 3","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 om 2013 SL No. 140 s 3","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 2013 SL No. 140 s 3","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 om 2013 SL No. 140 s 3","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 om 2013 SL No. 140 s 3","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 om 2013 SL No. 140 s 3","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 om 2013 SL No. 140 s 3","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 om 2013 SL No. 140 s 3","sortOrder":14},{"sectionNumber":"pt.3","sectionType":"part","heading":"Existing agreements with part 3 corporations","content":"# Existing agreements with part 3 corporations","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of pt 3","content":"### sec.14 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 , repealed section 139 .\nThe repealed section 139 commenced on 1 December 2003.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Certificate of contributions paid","content":"### sec.15 Certificate of contributions paid\n\nThis section applies to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor.\nIf the contributor has paid all contributions payable by the contributor, a corporation must promptly—\nsend to the contributor at the contributor’s last known address a certificate—\nin the approved form; and\nstating the amount of contributions paid by the contributor; and\nstating the benefits to which the contributor is entitled; and\ngive a copy of the certificate to the registrar.\nMaximum penalty—1 penalty unit.\n(sec.15-ssec.1) This section applies to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor.\n(sec.15-ssec.2) If the contributor has paid all contributions payable by the contributor, a corporation must promptly— send to the contributor at the contributor’s last known address a certificate— in the approved form; and stating the amount of contributions paid by the contributor; and stating the benefits to which the contributor is entitled; and give a copy of the certificate to the registrar. Maximum penalty—1 penalty unit.\n- (a) send to the contributor at the contributor’s last known address a certificate— (i) in the approved form; and (ii) stating the amount of contributions paid by the contributor; and (iii) stating the benefits to which the contributor is entitled; and\n- (i) in the approved form; and\n- (ii) stating the amount of contributions paid by the contributor; and\n- (iii) stating the benefits to which the contributor is entitled; and\n- (b) give a copy of the certificate to the registrar.\n- (i) in the approved form; and\n- (ii) stating the amount of contributions paid by the contributor; and\n- (iii) stating the benefits to which the contributor is entitled; and","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Defined area","content":"### sec.16 Defined area\n\nA corporation must ensure that its registered rules define an area ( defined area ) in which the corporation will provide a funeral benefit for a contributor or other person entitled to a funeral benefit under an agreement with the corporation.\nMaximum penalty—1 penalty unit.\nA corporation must ensure that its registered rules include provisions to the following effect—\nif a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person;\nthe corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice;\nif a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person.\nMaximum penalty—1 penalty unit.\n(sec.16-ssec.1) A corporation must ensure that its registered rules define an area ( defined area ) in which the corporation will provide a funeral benefit for a contributor or other person entitled to a funeral benefit under an agreement with the corporation. Maximum penalty—1 penalty unit.\n(sec.16-ssec.2) A corporation must ensure that its registered rules include provisions to the following effect— if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person; the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice; if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person. Maximum penalty—1 penalty unit.\n- (a) if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person;\n- (b) the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice;\n- (c) if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application for payment of benefit— Act , s 16 (3)","content":"### sec.17 Application for payment of benefit— Act , s 16 (3)\n\nThis section applies to an application under section 16 (3) of the Act .\nThe application must be in the approved form and be made by a relevant applicant.\nThe registrar must pay out of the fund to the relevant applicant the surrender value of the benefit provided by the corporation.\nIn this section—\nrelevant applicant means—\nthe person who has paid or is liable to pay the funeral costs of the deceased person; or\nthe personal representative of the deceased person.\ns 17 amd 2013 SL No. 140 s 4\n(sec.17-ssec.1) This section applies to an application under section 16 (3) of the Act .\n(sec.17-ssec.2) The application must be in the approved form and be made by a relevant applicant.\n(sec.17-ssec.3) The registrar must pay out of the fund to the relevant applicant the surrender value of the benefit provided by the corporation.\n(sec.17-ssec.4) In this section— relevant applicant means— the person who has paid or is liable to pay the funeral costs of the deceased person; or the personal representative of the deceased person.\n- (a) the person who has paid or is liable to pay the funeral costs of the deceased person; or\n- (b) the personal representative of the deceased person.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Claims for funeral benefits provided outside defined area","content":"### sec.18 Claims for funeral benefits provided outside defined area\n\nA corporation must, when making a claim on the fund for a funeral benefit provided outside the corporation’s defined area, give to the registrar—\na certificate in the approved form signed by—\nthe funeral director who provided the funeral; and\nthe corporation; and\nif the death happened outside Queensland—a copy of the certificate of death of the person for whom service was provided.\ns 18 amd 2013 SL No. 140 s 5\n- (a) a certificate in the approved form signed by— (i) the funeral director who provided the funeral; and (ii) the corporation; and\n- (i) the funeral director who provided the funeral; and\n- (ii) the corporation; and\n- (b) if the death happened outside Queensland—a copy of the certificate of death of the person for whom service was provided.\n- (i) the funeral director who provided the funeral; and\n- (ii) the corporation; and","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Corporation to apply money to pay funeral director","content":"### sec.19 Corporation to apply money to pay funeral director\n\nThis section applies to a corporation that received an amount from the fund for a funeral benefit provided outside the corporation’s defined area.\nThe corporation must apply each amount received to pay the funeral director who provided the funeral for the whole, or the unpaid balance, of the cost of the funeral.\nAny amount remaining must be paid by the corporation to the person who paid part or all of the cost of the funeral to the funeral director.\ns 19 amd 2013 SL No. 140 s 6\n(sec.19-ssec.1) This section applies to a corporation that received an amount from the fund for a funeral benefit provided outside the corporation’s defined area.\n(sec.19-ssec.2) The corporation must apply each amount received to pay the funeral director who provided the funeral for the whole, or the unpaid balance, of the cost of the funeral.\n(sec.19-ssec.3) Any amount remaining must be paid by the corporation to the person who paid part or all of the cost of the funeral to the funeral director.","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Rules relating to certain agreements","content":"### sec.20 Rules relating to certain agreements\n\nA corporation must state in its registered rules that for an agreement entered into with a contributor on or after the commencement of the Act —\nif the agreement remains in force for at least 3 years and at least 3 years contributions have been paid under the agreement—a surrender value must be paid to the contributor if the contributor surrenders the agreement; and\nthe surrender value must be worked out by the State actuary.\nMaximum penalty—1 penalty unit.\n- (a) if the agreement remains in force for at least 3 years and at least 3 years contributions have been paid under the agreement—a surrender value must be paid to the contributor if the contributor surrenders the agreement; and\n- (b) the surrender value must be worked out by the State actuary.","sortOrder":22},{"sectionNumber":"pt.4","sectionType":"part","heading":"Annual returns for registered corporations","content":"# Annual returns for registered corporations","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Documents to accompany annual returns for part 3 corporation— Act , s 19 (1)","content":"### sec.21 Documents to accompany annual returns for part 3 corporation— Act , s 19 (1)\n\nThe following documents are the prescribed documents that must accompany the annual return required under section 19 (1) of the Act —\na copy of the corporation’s benefits trust fund account showing particulars of receipts and payments received or made during the financial year;\na statement of the balance of the corporation’s benefits trust fund as at the end of the financial year showing the names of all persons on whose behalf moneys are held and the amount held for each person;\na copy of the audit report under section 33 .\n- (a) a copy of the corporation’s benefits trust fund account showing particulars of receipts and payments received or made during the financial year;\n- (b) a statement of the balance of the corporation’s benefits trust fund as at the end of the financial year showing the names of all persons on whose behalf moneys are held and the amount held for each person;\n- (c) a copy of the audit report under section 33 .","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Documents to accompany annual returns for part 4 corporation— Act , s 42 (1)","content":"### sec.22 Documents to accompany annual returns for part 4 corporation— Act , s 42 (1)\n\nThe following documents are the prescribed documents that must accompany the annual return required under section 42 (1) of the Act for a part 4 corporation—\na copy of the audit report under section 33 ;\nfor its funeral benefit business trust fund account—a copy of the funeral benefit business trust fund account showing particulars of receipts and payments received or made during the financial year;\nfor its funeral benefit business trust fund—\na copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and\na statement of the corporation’s investments for the funeral benefit business at the end of the financial year.\n- (a) a copy of the audit report under section 33 ;\n- (b) for its funeral benefit business trust fund account—a copy of the funeral benefit business trust fund account showing particulars of receipts and payments received or made during the financial year;\n- (c) for its funeral benefit business trust fund— (i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and (ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.\n- (i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and\n- (ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.\n- (i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and\n- (ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Extension of period for lodging annual return","content":"### sec.23 Extension of period for lodging annual return\n\nThis section applies to a corporation requesting an extension under section 19 or 42 of the Act of the time within which to lodge its annual return.\nThe corporation must apply for the extension in writing and the application must be received by the registrar within 4 months after the end of the financial year.\nThe registrar must give the corporation written notice of the registrar’s decision on the application.\n(sec.23-ssec.1) This section applies to a corporation requesting an extension under section 19 or 42 of the Act of the time within which to lodge its annual return.\n(sec.23-ssec.2) The corporation must apply for the extension in writing and the application must be received by the registrar within 4 months after the end of the financial year.\n(sec.23-ssec.3) The registrar must give the corporation written notice of the registrar’s decision on the application.","sortOrder":26},{"sectionNumber":"pt.5","sectionType":"part","heading":"Accounts and funds for registered corporations","content":"# Accounts and funds for registered corporations","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application of pt 5","content":"### sec.24 Application of pt 5\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 , repealed section 139 .\nThe repealed section 139 commenced on 1 December 2003.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Trust account receipt book to be kept","content":"### sec.25 Trust account receipt book to be kept\n\nA registered corporation must—\nkeep a trust account receipt book at its registered office and every other place at which it conducts a funeral benefit business; and\nrecord in the trust account receipt book the receipt of contributions or other money payable under the Act into its trust account.\nMaximum penalty—1 penalty unit.\nThe receipt forms in the trust account receipt book must be consecutively machine numbered.\nA registered corporation must give a receipt from the trust account receipt book immediately on the receipt of a contribution or other money payable under the Act into its trust account.\nMaximum penalty—1 penalty unit.\nWhen a registered corporation gives a receipt under subsection (3) , it must also make a copy of the receipt.\nMaximum penalty for subsection (4) —1 penalty unit.\n(sec.25-ssec.1) A registered corporation must— keep a trust account receipt book at its registered office and every other place at which it conducts a funeral benefit business; and record in the trust account receipt book the receipt of contributions or other money payable under the Act into its trust account. Maximum penalty—1 penalty unit.\n(sec.25-ssec.2) The receipt forms in the trust account receipt book must be consecutively machine numbered.\n(sec.25-ssec.3) A registered corporation must give a receipt from the trust account receipt book immediately on the receipt of a contribution or other money payable under the Act into its trust account. Maximum penalty—1 penalty unit.\n(sec.25-ssec.4) When a registered corporation gives a receipt under subsection (3) , it must also make a copy of the receipt. Maximum penalty for subsection (4) —1 penalty unit.\n- (a) keep a trust account receipt book at its registered office and every other place at which it conducts a funeral benefit business; and\n- (b) record in the trust account receipt book the receipt of contributions or other money payable under the Act into its trust account.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Alternative to complying with s 25","content":"### sec.26 Alternative to complying with s 25\n\nA registered corporation does not commit an offence against section 25 if the corporation—\ngives a receipt for a contribution or other money payable under the Act into its trust account by an accounting device; and\ncomplies with subsection (2) .\nThe corporation must—\ngive the receipt immediately after the contribution or money is received; and\nensure the accounting device prints multiple copies of the receipt; and\nif the accounting device is an accounting machine or a cash register—ensure the audit strip of the receipt is pasted in a book kept by the corporation for that purpose; and\nif the accounting device is an accounting machine that prints the receipt in triplicate—ensure the triplicate of the receipt is kept in the records of the corporation.\n(sec.26-ssec.1) A registered corporation does not commit an offence against section 25 if the corporation— gives a receipt for a contribution or other money payable under the Act into its trust account by an accounting device; and complies with subsection (2) .\n(sec.26-ssec.2) The corporation must— give the receipt immediately after the contribution or money is received; and ensure the accounting device prints multiple copies of the receipt; and if the accounting device is an accounting machine or a cash register—ensure the audit strip of the receipt is pasted in a book kept by the corporation for that purpose; and if the accounting device is an accounting machine that prints the receipt in triplicate—ensure the triplicate of the receipt is kept in the records of the corporation.\n- (a) gives a receipt for a contribution or other money payable under the Act into its trust account by an accounting device; and\n- (b) complies with subsection (2) .\n- (a) give the receipt immediately after the contribution or money is received; and\n- (b) ensure the accounting device prints multiple copies of the receipt; and\n- (c) if the accounting device is an accounting machine or a cash register—ensure the audit strip of the receipt is pasted in a book kept by the corporation for that purpose; and\n- (d) if the accounting device is an accounting machine that prints the receipt in triplicate—ensure the triplicate of the receipt is kept in the records of the corporation.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Title and particulars for receipt","content":"### sec.27 Title and particulars for receipt\n\nA receipt given under section 25 or 26 must be titled ‘ Funeral Benefit Business Act 1982 ’ and the completed receipt form must contain the following particulars—\nthe name of the corporation by whom or on whose behalf the receipt is given followed by the words—\nif the corporation is a part 3 corporation—‘benefits trust fund’; or\nif the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;\nthe date given;\nthe name of the person by whom or on whose behalf the contribution or payment is made;\nthe type of contribution or payment;\nthe amount of the contribution or payment received;\nthe signature of the person giving the receipt.\n- (a) the name of the corporation by whom or on whose behalf the receipt is given followed by the words— (i) if the corporation is a part 3 corporation—‘benefits trust fund’; or (ii) if the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;\n- (i) if the corporation is a part 3 corporation—‘benefits trust fund’; or\n- (ii) if the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;\n- (b) the date given;\n- (c) the name of the person by whom or on whose behalf the contribution or payment is made;\n- (d) the type of contribution or payment;\n- (e) the amount of the contribution or payment received;\n- (f) the signature of the person giving the receipt.\n- (i) if the corporation is a part 3 corporation—‘benefits trust fund’; or\n- (ii) if the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Trust account bank deposit book to be kept","content":"### sec.28 Trust account bank deposit book to be kept\n\nA registered corporation must keep a trust account bank deposit book at its registered office and every other place at which it conducts a funeral benefit business.\nMaximum penalty—1 penalty unit.\nThe trust account bank deposit book may include loose-leaf pages but the loose pages must be securely filed in the records of the corporation.\nA registered corporation must, when entering the particulars of all moneys to be banked in the trust account bank deposit book, make a copy of the particulars.\nMaximum penalty for subsection (3) —1 penalty unit.\n(sec.28-ssec.1) A registered corporation must keep a trust account bank deposit book at its registered office and every other place at which it conducts a funeral benefit business. Maximum penalty—1 penalty unit.\n(sec.28-ssec.2) The trust account bank deposit book may include loose-leaf pages but the loose pages must be securely filed in the records of the corporation.\n(sec.28-ssec.3) A registered corporation must, when entering the particulars of all moneys to be banked in the trust account bank deposit book, make a copy of the particulars. Maximum penalty for subsection (3) —1 penalty unit.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Trust account cash book to be kept","content":"### sec.29 Trust account cash book to be kept\n\nA registered corporation must keep a trust account cash book at its registered office and every other place at which it conducts a funeral benefit business.\nMaximum penalty—1 penalty unit.\nA registered corporation must immediately enter in its trust account cash book particulars of all money received and all payments made because of the funeral benefit business of the corporation.\nMaximum penalty—1 penalty unit.\nA registered corporation must ensure that its trust account cash book contains a complete record of all transactions with a financial institution, stating under the headings—\n‘Receipts’—all money lodged to the credit of the trust account; and\n‘Payments’—all cheques drawn against the trust account.\nMaximum penalty—1 penalty unit.\nAt the end of each month a registered corporation must—\nreconcile its trust account cash book with the financial institution’s balance in the approved form; and\nenter the reconciliation in the corporation’s trust account cash book.\nMaximum penalty—1 penalty unit.\n(sec.29-ssec.1) A registered corporation must keep a trust account cash book at its registered office and every other place at which it conducts a funeral benefit business. Maximum penalty—1 penalty unit.\n(sec.29-ssec.2) A registered corporation must immediately enter in its trust account cash book particulars of all money received and all payments made because of the funeral benefit business of the corporation. Maximum penalty—1 penalty unit.\n(sec.29-ssec.3) A registered corporation must ensure that its trust account cash book contains a complete record of all transactions with a financial institution, stating under the headings— ‘Receipts’—all money lodged to the credit of the trust account; and ‘Payments’—all cheques drawn against the trust account. Maximum penalty—1 penalty unit.\n(sec.29-ssec.4) At the end of each month a registered corporation must— reconcile its trust account cash book with the financial institution’s balance in the approved form; and enter the reconciliation in the corporation’s trust account cash book. Maximum penalty—1 penalty unit.\n- (a) ‘Receipts’—all money lodged to the credit of the trust account; and\n- (b) ‘Payments’—all cheques drawn against the trust account.\n- (a) reconcile its trust account cash book with the financial institution’s balance in the approved form; and\n- (b) enter the reconciliation in the corporation’s trust account cash book.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Trust account ledger to be kept","content":"### sec.30 Trust account ledger to be kept\n\nA registered corporation must keep a trust account ledger at its registered office and every other place at which it conducts a funeral benefit business.\nMaximum penalty—1 penalty unit.\nA registered corporation must ensure that all entries made in its trust account cash book are immediately entered in its trust account ledger.\nMaximum penalty—1 penalty unit.\n(sec.30-ssec.1) A registered corporation must keep a trust account ledger at its registered office and every other place at which it conducts a funeral benefit business. Maximum penalty—1 penalty unit.\n(sec.30-ssec.2) A registered corporation must ensure that all entries made in its trust account cash book are immediately entered in its trust account ledger. Maximum penalty—1 penalty unit.","sortOrder":34},{"sectionNumber":"sec.31","sectionType":"section","heading":"Trust account records to be kept by registered corporation","content":"### sec.31 Trust account records to be kept by registered corporation\n\nA registered corporation must—\nkeep full and accurate accounts of—\nall money received by the corporation for any transaction under the Act ; and\nall payments made by the corporation; and\ndo all things necessary to enable the accounts to be audited, including—\nkeeping any accounts and records necessary; and\nmaintaining those accounts in a way that ensures they can be conveniently and properly audited; and\nkeep a separate book or register, created for the purpose, detailing—\na true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and\nthe serial numbers of the trust account receipt forms contained in the trust account receipt books; and\nkeep and produce for the auditor making the audit of the trust account the copy of the previous audit report given to the corporation under section 33 (1) by the previous auditor; and\nproduce to the auditor engaged or employed by the corporation, if asked to by the auditor—\nall trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and\nall contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and\ngive the auditor any additional information the auditor reasonably requires.\nMaximum penalty—1 penalty unit.\n- (a) keep full and accurate accounts of— (i) all money received by the corporation for any transaction under the Act ; and (ii) all payments made by the corporation; and\n- (i) all money received by the corporation for any transaction under the Act ; and\n- (ii) all payments made by the corporation; and\n- (b) do all things necessary to enable the accounts to be audited, including— (i) keeping any accounts and records necessary; and (ii) maintaining those accounts in a way that ensures they can be conveniently and properly audited; and\n- (i) keeping any accounts and records necessary; and\n- (ii) maintaining those accounts in a way that ensures they can be conveniently and properly audited; and\n- (c) keep a separate book or register, created for the purpose, detailing— (i) a true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and (ii) the serial numbers of the trust account receipt forms contained in the trust account receipt books; and\n- (i) a true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and\n- (ii) the serial numbers of the trust account receipt forms contained in the trust account receipt books; and\n- (d) keep and produce for the auditor making the audit of the trust account the copy of the previous audit report given to the corporation under section 33 (1) by the previous auditor; and\n- (e) produce to the auditor engaged or employed by the corporation, if asked to by the auditor— (i) all trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and (ii) all contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and\n- (i) all trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and\n- (ii) all contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and\n- (f) give the auditor any additional information the auditor reasonably requires.\n- (i) all money received by the corporation for any transaction under the Act ; and\n- (ii) all payments made by the corporation; and\n- (i) keeping any accounts and records necessary; and\n- (ii) maintaining those accounts in a way that ensures they can be conveniently and properly audited; and\n- (i) a true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and\n- (ii) the serial numbers of the trust account receipt forms contained in the trust account receipt books; and\n- (i) all trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and\n- (ii) all contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and","sortOrder":35},{"sectionNumber":"sec.32","sectionType":"section","heading":"Audit of benefits trust fund of part 3 corporation","content":"### sec.32 Audit of benefits trust fund of part 3 corporation\n\nA part 3 corporation must ensure that its benefits trust fund is audited at least once a year.\nMaximum penalty—1 penalty unit.","sortOrder":36},{"sectionNumber":"sec.33","sectionType":"section","heading":"Audit report","content":"### sec.33 Audit report\n\nAn auditor appointed to audit a trust account or a funeral benefit business trust fund by a registered corporation must give to the corporation a report, in duplicate, of the result of the audit signed by the auditor.\nMaximum penalty—1 penalty unit.\nThe report must state the following information—\nthe name of the corporation;\nthe addresses of the places of business to which the audit report relates;\nthe period covered by the audit;\nthe name of the trust account;\nthe name of the financial institution at which the trust account was kept;\nwhether the auditor also audited the general accounts of the corporation;\nwhether the trust account or funeral benefit business trust fund has, in the auditor’s opinion, been properly kept and is in order and correct;\nwhether the trust account or an individual contributor’s account has been overdrawn;\nparticulars of all money and investments held in trust by the corporation and reconciled with the contributors’ accounts and other accounts maintained in the trust account ledger on the last day of the audit period;\na reconciliation of the trust account cash book with the financial institution’s balance at that date;\nfor a part 4 corporation—\nwhether or not the corporation has at all times complied with section 40 of the Act ; and\nwhether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;\nthe number of trust receipt books and the serial numbers of the trust receipt forms in the books in the possession of the corporation during the period to which the audit relates;\nparticulars of—\nthe used trust receipt forms audited; and\nthe unused trust receipt forms on hand at the end of the last day of the audit period;\nwhether the auditor asked the corporation for permission to examine the general accounts of the corporation and was refused;\nthe date the trust account was examined under section 34 .\n(sec.33-ssec.1) An auditor appointed to audit a trust account or a funeral benefit business trust fund by a registered corporation must give to the corporation a report, in duplicate, of the result of the audit signed by the auditor. Maximum penalty—1 penalty unit.\n(sec.33-ssec.2) The report must state the following information— the name of the corporation; the addresses of the places of business to which the audit report relates; the period covered by the audit; the name of the trust account; the name of the financial institution at which the trust account was kept; whether the auditor also audited the general accounts of the corporation; whether the trust account or funeral benefit business trust fund has, in the auditor’s opinion, been properly kept and is in order and correct; whether the trust account or an individual contributor’s account has been overdrawn; particulars of all money and investments held in trust by the corporation and reconciled with the contributors’ accounts and other accounts maintained in the trust account ledger on the last day of the audit period; a reconciliation of the trust account cash book with the financial institution’s balance at that date; for a part 4 corporation— whether or not the corporation has at all times complied with section 40 of the Act ; and whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown; the number of trust receipt books and the serial numbers of the trust receipt forms in the books in the possession of the corporation during the period to which the audit relates; particulars of— the used trust receipt forms audited; and the unused trust receipt forms on hand at the end of the last day of the audit period; whether the auditor asked the corporation for permission to examine the general accounts of the corporation and was refused; the date the trust account was examined under section 34 .\n- (a) the name of the corporation;\n- (b) the addresses of the places of business to which the audit report relates;\n- (c) the period covered by the audit;\n- (d) the name of the trust account;\n- (e) the name of the financial institution at which the trust account was kept;\n- (f) whether the auditor also audited the general accounts of the corporation;\n- (g) whether the trust account or funeral benefit business trust fund has, in the auditor’s opinion, been properly kept and is in order and correct;\n- (h) whether the trust account or an individual contributor’s account has been overdrawn;\n- (i) particulars of all money and investments held in trust by the corporation and reconciled with the contributors’ accounts and other accounts maintained in the trust account ledger on the last day of the audit period;\n- (j) a reconciliation of the trust account cash book with the financial institution’s balance at that date;\n- (k) for a part 4 corporation— (i) whether or not the corporation has at all times complied with section 40 of the Act ; and (ii) whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;\n- (i) whether or not the corporation has at all times complied with section 40 of the Act ; and\n- (ii) whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;\n- (l) the number of trust receipt books and the serial numbers of the trust receipt forms in the books in the possession of the corporation during the period to which the audit relates;\n- (m) particulars of— (i) the used trust receipt forms audited; and (ii) the unused trust receipt forms on hand at the end of the last day of the audit period;\n- (i) the used trust receipt forms audited; and\n- (ii) the unused trust receipt forms on hand at the end of the last day of the audit period;\n- (n) whether the auditor asked the corporation for permission to examine the general accounts of the corporation and was refused;\n- (o) the date the trust account was examined under section 34 .\n- (i) whether or not the corporation has at all times complied with section 40 of the Act ; and\n- (ii) whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;\n- (i) the used trust receipt forms audited; and\n- (ii) the unused trust receipt forms on hand at the end of the last day of the audit period;","sortOrder":37},{"sectionNumber":"sec.34","sectionType":"section","heading":"Examination on unscheduled visit","content":"### sec.34 Examination on unscheduled visit\n\nThis section applies unless a corporation has been registered for less than 6 months.\nA registered corporation must ensure that the auditor appointed to audit its trust account or funeral benefit business trust fund examines the corporation’s trust account or funeral benefit business trust fund on an unscheduled visit to the corporation.\nMaximum penalty—1 penalty unit.\nThe visit must take place at least 4 months before the end of each financial year.\n(sec.34-ssec.1) This section applies unless a corporation has been registered for less than 6 months.\n(sec.34-ssec.2) A registered corporation must ensure that the auditor appointed to audit its trust account or funeral benefit business trust fund examines the corporation’s trust account or funeral benefit business trust fund on an unscheduled visit to the corporation. Maximum penalty—1 penalty unit.\n(sec.34-ssec.3) The visit must take place at least 4 months before the end of each financial year.","sortOrder":38},{"sectionNumber":"sec.35","sectionType":"section","heading":"Auditor to advise registrar of particular matters","content":"### sec.35 Auditor to advise registrar of particular matters\n\nAn auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund must promptly advise the registrar if—\nthe auditor is unable to certify that the trust account or funeral benefit business trust fund has been properly kept and is in order and correct; or\non an unscheduled examination of the trust account or funeral benefit business trust fund, the auditor considers that there is some irregularity in relation to the account or fund that should to be brought to the notice of the registrar; or\nthe auditor considers the registrar should be advised of any matter about the trust account or funeral benefit business trust fund.\nMaximum penalty—1 penalty unit.\n- (a) the auditor is unable to certify that the trust account or funeral benefit business trust fund has been properly kept and is in order and correct; or\n- (b) on an unscheduled examination of the trust account or funeral benefit business trust fund, the auditor considers that there is some irregularity in relation to the account or fund that should to be brought to the notice of the registrar; or\n- (c) the auditor considers the registrar should be advised of any matter about the trust account or funeral benefit business trust fund.","sortOrder":39},{"sectionNumber":"sec.36","sectionType":"section","heading":"Auditor to advise registrar if request to examine other accounts is refused","content":"### sec.36 Auditor to advise registrar if request to examine other accounts is refused\n\nThis section applies if—\nan auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund considers that, to enable the auditor to decide whether the trust account or funeral benefit business trust fund has been properly kept and is in order and correct, it is necessary or desirable that the auditor should be permitted to examine another account of the corporation; and\nthe auditor asks the corporation to produce for the auditor’s examination the other account; and\nthe corporation refuses the auditor’s request.\nThe auditor must promptly advise the registrar of the refusal.\nMaximum penalty—1 penalty unit.\n(sec.36-ssec.1) This section applies if— an auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund considers that, to enable the auditor to decide whether the trust account or funeral benefit business trust fund has been properly kept and is in order and correct, it is necessary or desirable that the auditor should be permitted to examine another account of the corporation; and the auditor asks the corporation to produce for the auditor’s examination the other account; and the corporation refuses the auditor’s request.\n(sec.36-ssec.2) The auditor must promptly advise the registrar of the refusal. Maximum penalty—1 penalty unit.\n- (a) an auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund considers that, to enable the auditor to decide whether the trust account or funeral benefit business trust fund has been properly kept and is in order and correct, it is necessary or desirable that the auditor should be permitted to examine another account of the corporation; and\n- (b) the auditor asks the corporation to produce for the auditor’s examination the other account; and\n- (c) the corporation refuses the auditor’s request.","sortOrder":40},{"sectionNumber":"sec.37","sectionType":"section","heading":"Particular duties of part 4 corporation","content":"### sec.37 Particular duties of part 4 corporation\n\nThis section applies if a part 4 corporation—\nstops being registered under the Act to conduct a funeral benefit business; or\nstops conducting a funeral benefit business.\nThe corporation must within 2 months after stopping—\nensure that its trust account is audited by an auditor—\nif an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or\nif no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and\nobtain from the auditor a report of the audit; and\nsend the report to the registrar.\nMaximum penalty—1 penalty unit.\n(sec.37-ssec.1) This section applies if a part 4 corporation— stops being registered under the Act to conduct a funeral benefit business; or stops conducting a funeral benefit business.\n(sec.37-ssec.2) The corporation must within 2 months after stopping— ensure that its trust account is audited by an auditor— if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and obtain from the auditor a report of the audit; and send the report to the registrar. Maximum penalty—1 penalty unit.\n- (a) stops being registered under the Act to conduct a funeral benefit business; or\n- (b) stops conducting a funeral benefit business.\n- (a) ensure that its trust account is audited by an auditor— (i) if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or (ii) if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and\n- (i) if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or\n- (ii) if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and\n- (b) obtain from the auditor a report of the audit; and\n- (c) send the report to the registrar.\n- (i) if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or\n- (ii) if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and","sortOrder":41},{"sectionNumber":"sec.38","sectionType":"section","heading":"Auditor’s secrecy","content":"### sec.38 Auditor’s secrecy\n\nAn auditor must not divulge to a person any information obtained by the auditor in the course of conducting an examination or audit under the Act .\nMaximum penalty—1 penalty unit.","sortOrder":42},{"sectionNumber":"pt.6","sectionType":"part","heading":"General provisions for registered corporations","content":"# General provisions for registered corporations","sortOrder":43},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of pt 6","content":"### sec.39 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 , repealed section 139 .\nThe repealed section 139 commenced on 1 December 2003.","sortOrder":44},{"sectionNumber":"sec.40","sectionType":"section","heading":"Prescribed benefit limit— Act , s 32 (d)","content":"### sec.40 Prescribed benefit limit— Act , s 32 (d)\n\nFor section 32 (d) of the Act , the prescribed amount is $11,000.","sortOrder":45},{"sectionNumber":"sec.41","sectionType":"section","heading":"Prescribed particulars to be entered in register of contributors— Act , s 47 (1) (e)","content":"### sec.41 Prescribed particulars to be entered in register of contributors— Act , s 47 (1) (e)\n\nThe following particulars are prescribed for section 47 (1) (e) of the Act —\nthe name and address of the contributor’s next of kin or other person nominated by the contributor to be contacted by the corporation in the absence of the contributor;\nparticulars of the amounts and dates of payment of contributions made by the contributor;\nparticulars of the amounts and dates of payments made to or on behalf of the contributor;\nparticulars of the value of service provided to or on behalf of the contributor and the date the services were provided.\nIn this section—\nnext of kin includes spouse.\n(sec.41-ssec.1) The following particulars are prescribed for section 47 (1) (e) of the Act — the name and address of the contributor’s next of kin or other person nominated by the contributor to be contacted by the corporation in the absence of the contributor; particulars of the amounts and dates of payment of contributions made by the contributor; particulars of the amounts and dates of payments made to or on behalf of the contributor; particulars of the value of service provided to or on behalf of the contributor and the date the services were provided.\n(sec.41-ssec.2) In this section— next of kin includes spouse.\n- (a) the name and address of the contributor’s next of kin or other person nominated by the contributor to be contacted by the corporation in the absence of the contributor;\n- (b) particulars of the amounts and dates of payment of contributions made by the contributor;\n- (c) particulars of the amounts and dates of payments made to or on behalf of the contributor;\n- (d) particulars of the value of service provided to or on behalf of the contributor and the date the services were provided.","sortOrder":46},{"sectionNumber":"sec.42","sectionType":"section","heading":"Prescribed particulars to be entered in register of contributors— Act , s 47 (3) (e)","content":"### sec.42 Prescribed particulars to be entered in register of contributors— Act , s 47 (3) (e)\n\nThis section applies if a contributor pays all the contributor’s contributions to the corporation.\nThe following particulars are prescribed for section 47 (3) (e) of the Act —\nthe contributor’s contributions are fully paid;\nthe date they were fully paid.\n(sec.42-ssec.1) This section applies if a contributor pays all the contributor’s contributions to the corporation.\n(sec.42-ssec.2) The following particulars are prescribed for section 47 (3) (e) of the Act — the contributor’s contributions are fully paid; the date they were fully paid.\n- (a) the contributor’s contributions are fully paid;\n- (b) the date they were fully paid.","sortOrder":47},{"sectionNumber":"sec.43","sectionType":"section","heading":"Prescribed information to be given by registered corporation— Act , s 51 (4) (c)","content":"### sec.43 Prescribed information to be given by registered corporation— Act , s 51 (4) (c)\n\nFor section 51 (4) (c) of the Act , the prescribed information is the total amount of the contributions paid by the contributor up to the date the corporation asks for cancellation of registration.","sortOrder":48},{"sectionNumber":"sec.44","sectionType":"section","heading":"Amendment to rules— Act , s 61 (4)","content":"### sec.44 Amendment to rules— Act , s 61 (4)\n\nFor section 61 (4) of the Act , an application to amend the registered rules of a corporation must be accompanied by a copy of the proposed amendment signed by its chairperson and secretary.","sortOrder":49},{"sectionNumber":"sec.45","sectionType":"section","heading":"Registration of amendment to rules","content":"### sec.45 Registration of amendment to rules\n\nAn amendment to the rules of a corporation is registered when an acknowledgement of registration in the approved form is written on the copy mentioned in section 44 .","sortOrder":50},{"sectionNumber":"sec.46","sectionType":"section","heading":"Disputes","content":"### sec.46 Disputes\n\nAn application to refer a dispute to the registrar for settlement under section 62 (1) of the Act must be in the approved form.\nThe registrar must forward a copy of the application to each person, other than the applicant, stated in the application as a party to the dispute.\nThe registrar must give notice, in the approved form, of the hearing of the dispute to each of the parties to the dispute not less than 14 days before the hearing.\nAn award made by the registrar must be—\nin the approved form; and\ngiven promptly to the parties to the dispute.\n(sec.46-ssec.1) An application to refer a dispute to the registrar for settlement under section 62 (1) of the Act must be in the approved form.\n(sec.46-ssec.2) The registrar must forward a copy of the application to each person, other than the applicant, stated in the application as a party to the dispute.\n(sec.46-ssec.3) The registrar must give notice, in the approved form, of the hearing of the dispute to each of the parties to the dispute not less than 14 days before the hearing.\n(sec.46-ssec.4) An award made by the registrar must be— in the approved form; and given promptly to the parties to the dispute.\n- (a) in the approved form; and\n- (b) given promptly to the parties to the dispute.","sortOrder":51},{"sectionNumber":"sec.47","sectionType":"section","heading":"Fees","content":"### sec.47 Fees\n\nThe fees payable under the Act are stated in schedule 1 .","sortOrder":52},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.47A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 47A ins 2022 SL No. 79 s 72\n(sec.47A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.47A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).","sortOrder":53},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":54},{"sectionNumber":"sec.48","sectionType":"section","heading":"Repeal of Funeral Benefit Business Regulation 2000","content":"### sec.48 Repeal of Funeral Benefit Business Regulation 2000\n\nThe Funeral Benefit Business Regulation 2000 , SL No. 220 is repealed.","sortOrder":55},{"sectionNumber":"sec.49","sectionType":"section","heading":"Previous certificate of contributions paid and benefits to which contributor is entitled","content":"### sec.49 Previous certificate of contributions paid and benefits to which contributor is entitled\n\nSection 15 does not apply in relation to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor after the contributor has stopped making contributions if—\nthe contributor stopped making contributions before the commencement of this section; and\nthe corporation has complied with section 15 of the repealed regulation in relation to the contributions.\n- (a) the contributor stopped making contributions before the commencement of this section; and\n- (b) the corporation has complied with section 15 of the repealed regulation in relation to the contributions.","sortOrder":56},{"sectionNumber":"sec.50","sectionType":"section","heading":"Existing extension of period for lodging annual return","content":"### sec.50 Existing extension of period for lodging annual return\n\nIf the registrar has given an extension of the period for lodging an annual return under section 28 of the repealed regulation and on the commencement of this section the extension has not expired, the extension continues under this regulation until the end of the unexpired term of the extension.","sortOrder":57}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation expressly repeals the 2000 Regulation and replaces it with a prescriptive set of operational rules (s 48). It narrows application language to registered corporations dealing with agreements in force before the 2003 Act (ss 14, 24, 39) while adding specified audit, recordkeeping, defined‑area, surrender‑value and fee‑rounding rules (ss 16, 20, 25–36, 47A). Transitional clauses preserve some prior compliance outcomes (ss 49–50), indicating continuity for existing certificates and extensions."},"complexity_factors":["Detailed bookkeeping and receipts regime across multiple ledgers and books (ss 25–31) increases administrative burden on corporations.","Mandatory annual audits, unscheduled auditor visits and auditor reporting duties create procedural complexity (ss 32–36, 33–34).","Prescribed documentary requirements for annual returns and out‑of‑area claims require specific forms and signatures (ss 21–22, 18).","Defined area rules and extension process add operational discretion for corporations and require public notice (s 16).","Surrender value rule requires actuarial calculation by the State Actuary for certain agreements, adding technical requirement (s 20).","Registrar payment role and claimant definitions shift some entitlement enforcement to the regulator (s 17).","Low fixed maximum penalties for breaches are frequent throughout the regulation, making many non‑compliances penalised (multiple sections).","Transitional and repeal provisions affect legacy agreements and continuity of prior certificates and extensions (ss 48–50).","Fee specification and rounding method introduce numerical calculation rules for fees (ss 47, 47A)."],"plain_english_summary":"This regulation sets detailed operational rules for funeral benefit businesses: how contributors’ payments and entitlements are recorded, how corporations must define service areas, how surrender values and out‑of‑area claims are paid, and strict trust‑account recordkeeping and annual audit requirements. It primarily affects registered funeral benefit corporations, their auditors, contributors and the registrar because it dictates who must keep records, who must pay whom (including the registrar’s power to pay surrender values from the fund) and the documentary and timing steps required for compliance."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation appears to have narrowed significantly from its original scope. Sections 3-12 have been completely omitted (removed in 2013), suggesting substantial content was stripped out. The regulation now primarily deals with transitional arrangements for pre-2003 agreements and record-keeping requirements, rather than comprehensive operational rules for new funeral benefit businesses. The frequent references to 'repealed section 139' of the Second-hand Dealers and Pawnbrokers Act 2003 indicate this regulation is largely maintaining legacy arrangements for old agreements rather than governing new business."},"complexity_factors":["Multiple defined terms referencing a separate dictionary in Schedule 2 (not provided in text)","Extensive cross-referencing to the parent Act (Funeral Benefit Business Act 1982) without reproducing those provisions","Numerous omitted sections (sections 3-12) showing heavy amendment history","Dual regulatory framework distinguishing between 'part 3 corporations' and 'part 4 corporations' with slightly different requirements","Detailed procedural requirements for record-keeping (receipt books, cash books, ledgers, deposit books) with specific formatting rules","Transitional provisions dealing with pre-2003 agreements and repealed legislation","Multiple 'approved forms' referenced but not defined within the regulation text"],"plain_english_summary":"This regulation sets out the detailed rules for how funeral benefit businesses operate in Queensland. These are companies where people pay regular contributions to cover the cost of their future funeral.\n\n**What it does:**\n- **Protects customer money**: Requires funeral benefit companies to keep detailed trust accounts and records of all money received and paid out. They must use special receipt books, cash books, and ledgers, and have their accounts audited annually.\n- **Sets geographic rules**: Companies must define the area where they will provide funeral services. They can extend this area by publishing notices in newspapers.\n- **Handles payments when someone dies**: Sets out the paperwork needed when claiming a funeral benefit, including certificates from funeral directors and proof of death.\n- **Allows refunds**: If someone has paid into a plan for at least 3 years and wants to cancel, they can get a 'surrender value' (a refund) calculated by the State Actuary.\n- **Requires transparency**: Companies must send certificates to contributors showing what they've paid and what benefits they're entitled to. They must also submit detailed annual returns with financial statements to the registrar.\n- **Manages disputes**: Provides a process for resolving disputes between contributors and funeral benefit companies through the registrar.\n\n**Who it affects:**\n- Funeral benefit corporations (companies that sell prepaid funeral plans)\n- Contributors (people paying into funeral benefit plans)\n- Funeral directors\n- The registrar who oversees these businesses\n\n**Why it matters:**\nFuneral benefit businesses hold significant amounts of money on behalf of people planning for their death. This regulation ensures that money is properly safeguarded, that companies remain financially sound, and that people get the services they've paid for—or their money back if circumstances change."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original regulation (replaced from the 2000 version) appears to have had broader operational coverage. By 2013, sections 3 through 13 were entirely repealed, significantly narrowing the regulation's scope. The remaining provisions now apply primarily to pre-December 2003 funeral benefit agreements (the 'grandfathered' arrangements), suggesting the regulatory framework for newer agreements has been moved elsewhere, likely into the parent Act or a different regulatory instrument. What remains is largely administrative machinery for legacy arrangements rather than a comprehensive operational code."},"complexity_factors":["Applies to two distinct categories of corporations ('part 3' and 'part 4') with different obligations, requiring readers to cross-reference the parent Act to understand the distinction","Heavy reliance on cross-references to the parent Act (Funeral Benefit Business Act 1982) and other legislation, meaning the regulation cannot be understood in isolation","Transitional provisions create time-based rules that only apply to agreements entered into before a specific historical date (1 December 2003), creating complexity around which rules apply to which agreements","Multiple layers of financial record-keeping requirements (receipt books, cash books, ledgers, deposit books, trust accounts) with overlapping but distinct obligations","Detailed audit regime with specific obligations on both the audited corporation and the auditor, including mandatory unscheduled visits","Geographic 'defined area' concept creates conditional obligations that vary depending on where a contributor dies","Fee unit calculation mechanism cross-references another piece of legislation (Acts Interpretation Act 1954) for rounding rules","Several sections were repealed by a 2013 amendment, leaving gaps in the section numbering that can cause confusion when reading the document"],"plain_english_summary":"This Queensland regulation imposes administrative, reporting and audit requirements on funeral benefit corporations that sell prepaid funeral plans (mainly older pre‑Dec 2003 agreements) to protect contributors. It ensures trust funds are recorded, independently audited, and accessible to regulators, requires provision of contributor information and surrender-value refunds in certain cases, and lets contributors seek payment from a government fund where a provider cannot perform. Enforcement is primarily regulatory oversight rather than large fines."}},"importantCases":[],"_links":{"self":"/api/acts/funeral-benefit-business-regulation-2010","history":"/api/acts/funeral-benefit-business-regulation-2010/history","analysis":"/api/acts/funeral-benefit-business-regulation-2010/analysis","conflicts":"/api/acts/funeral-benefit-business-regulation-2010/conflicts","importantCases":"/api/acts/funeral-benefit-business-regulation-2010/important-cases","documents":"/api/acts/funeral-benefit-business-regulation-2010/documents"}}