{"id":"sr:funerals-infringements-regulations-2021","name":"Funerals (Infringements) Regulations 2021","slug":"funerals-infringements-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183472,"registerId":"vic-sr:funerals-infringements-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Funerals (Infringements) Regulations 2021","content":"Version No. 001\n\n**Funerals (Infringements) Regulations 2021**\n\n**S.R. No. 77/2021**\n\nVersion as at  \n25 July 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Infringement offences and infringement penalties 1\n\nSchedule 1—Infringement offences and infringement penalties 3\n\n═══════════════\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **001**\n\n**Funerals (Infringements) Regulations 2021**\n\n**S.R. No. 77/2021**\n\nVersion as at  \n25 July 2021\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe infringement offences and infringement penalties for the purposes of the **Funerals Act 2006**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 82 of the **Funerals Act 2006**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 25 July 2021.\n\n\t4 Revocation\n\nThe Funerals (Infringements) Regulations 2011[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations, ***the Act*** means the **Funerals Act 2006**.\n\n\t6 Infringement offences and infringement penalties\n\n(1) For the purposes of section 81A(1) of the Act, an offence specified in column 2 of the table in Schedule 1 is prescribed as an infringement offence.\n\n(2) For the purposes of section 81A(3) of the Act, the prescribed infringement penalty for an infringement offence is the amount specified in column 3 of the table in Schedule 1 in respect of that infringement offence.\n\nSchedule 1—Infringement offences and infringement penalties\n\nRegulation 6\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* |\n| --- | --- | --- |\n| 1 | An offence against section 10(1) of the Act | 1·25 penalty units |\n| 2 | An offence against section 10(2) of the Act | 1·25 penalty units |\n| 3 | An offence against section 11(2) of the Act | 1·25 penalty units |\n| 4 | An offence against section 18(2) of the Act | 1·25 penalty units |\n| 5 | An offence against section 21(1) of the Act | 5 penalty units |\n| 6 | An offence against section 22 of the Act | 5 penalty units |\n| 7 | An offence against section 23 of the Act | 5 penalty units |\n| 8 | An offence against section 24(1) of the Act | 5 penalty units |\n| 9 | An offence against section 24(2) of the Act | 5 penalty units |\n| 10 | An offence against section 24(3) of the Act | 5 penalty units |\n| 11 | An offence against section 24(4) of the Act | 5 penalty units |\n| 12 | An offence against section 24(5) of the Act | 5 penalty units |\n| 13 | An offence against section 28(5) of the Act | 10 penalty units |\n| 14 | An offence against section 33(1) of the Act | 1·25 penalty units |\n| 15 | An offence against section 42 of the Act | 5 penalty units |\n| 16 | An offence against section 43 of the Act | 5 penalty units |\n| 17 | An offence against section 49(1) of the Act | 5 penalty units |\n| 18 | An offence against section 50(1) of the Act | 5 penalty units |\n| 19 | An offence against section 51 of the Act | 5 penalty units |\n\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Funerals (Infringements) Regulations 2021, S.R. No. 77/2021 were made on 6 July 2021 by the Governor in Council under section 82 of the **Funerals Act 2006**, No. 77/2006 and came into operation on 25 July 2021: regulation 3.\n\nThe Funerals (Infringements) Regulations 2021 will sunset 10 years after the day of making on 6 July 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Funerals (Infringements) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 71/2011.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.\n\n  The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2011 infringements regulations and prescribes infringement offences and penalty amounts under section 81A of the Funerals Act 2006 (reg 6 and Schedule 1). The text does not state an expansion or narrowing of the kinds of offences captured; it mechanically maps specified Act offences to penalty-unit amounts and relies on external statutes to convert units to dollars."},"complexity_factors":["Simple structure: single operative rule (regulation 6) with a Schedule mapping Act offences to penalty amounts (Schedule 1).","Extensive cross-references to the Funerals Act 2006 (Schedule items refer to sections 10(1), 10(2), 11(2), 18(2), 21(1), 22, 23, 24(1)–(5), 28(5), 33(1), 42, 43, 49(1), 50(1), 51) which requires users to read both instruments to understand conduct captured (Schedule 1).","Monetary conversion dependency: penalties expressed in penalty units, so the dollar amount varies by year and is fixed under the Monetary Units Act 2004 and Sentencing Act 1991 (explanatory details note the 2021–22 value of $181.74 and rounding rules).","Administrative housekeeping: revokes prior Funerals (Infringements) Regulations 2011 (reg 4) and includes commencement date (reg 3) and sunset information in endnotes, adding procedural considerations for enforcement agencies.","Low legislative discretion in the instrument itself: it prescribes fixed penalties rather than setting enforcement procedure, but enforcement discretion and decision-making remain with authorised officers under the Act (instrument authorised by s.82 of the Act — reg 2).","Compliance burden is straightforward in quantum but requires legal identification of which Act section was breached (burden on regulated parties to map conduct to cited sections).","No new offence definitions in this instrument — complexity arises primarily from inter-legislative reading rather than internal rules or exceptions."],"plain_english_summary":"These Regulations set which breaches of the Funerals Act 2006 can be dealt with by infringement notices and fix the penalty for each breach in penalty units. They commenced on 25 July 2021 and revoke the 2011 infringements regulations.\n\nThey affect people and businesses whose conduct is an offence under the cited sections of the Act by converting specified offences into fixed monetary penalties (paid by the offender after converting penalty units to dollars under the Monetary Units Act)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited content available, the regulations appear to serve their stated purpose as an infringement (on-the-spot fines) mechanism ancillary to the Funerals Act. There is no indication of scope creep or departure from the original regulatory intent."},"complexity_factors":["Regulations are subsidiary legislation that depend on understanding the parent Funerals Act to make full sense","Infringement notice schemes involve cross-referencing between the regulations, the parent Act, and the Infringements Act 2006 (Vic)","The document as provided contains almost no substantive content, making complete analysis impossible","Relatively narrow and technical in scope — limited to penalty/enforcement machinery rather than broad policy"],"plain_english_summary":"These regulations establish an on‑the‑spot infringement notice scheme for breaches of Victoria’s funeral laws, allowing regulators to issue fines to funeral directors and businesses without court proceedings. \n\nIt matters because it gives authorities a faster administrative tool to penalise non‑compliance in an industry serving vulnerable people — for example, to enforce rules on pricing, pre‑paid funds and service delivery."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing infringement offences and penalties for the Funerals Act 2006. It is a direct replacement of the 2011 regulations with no expansion of scope."},"complexity_factors":["Only 6 substantive regulations plus a schedule","Single defined term ('the Act')","No nested exceptions or conditional logic","Straightforward tabular format for offences and penalties","No cross-references beyond the parent Act","Minimal interpretative provisions"],"plain_english_summary":"This legislation sets out fines for people or businesses who break certain rules in Victoria's funeral industry.\n\n**What it does:**\n- Creates a list of 19 specific offences under the **Funerals Act 2006** that can be dealt with by issuing an **infringement notice** (a fine you can pay without going to court — like a speeding ticket).\n- Sets the dollar amount for each fine using **penalty units** (a standard way of calculating fines in Victorian law). As of July 2021, one penalty unit equals $181.74.\n\n**Who it affects:**\n- Funeral directors and funeral service providers operating in Victoria\n- Anyone required to comply with the Funerals Act 2006\n\n**The fines range from:**\n- **1.25 penalty units** (about $227) for minor paperwork or registration breaches\n- **5 penalty units** (about $909) for more serious operational breaches\n- **10 penalty units** (about $1,817) for the most serious offence listed (section 28(5) — likely related to cemetery or crematorium operations)\n\n**Why it matters:**\nInstead of dragging every minor breach through the courts, inspectors can issue on-the-spot fines. This makes enforcement faster and cheaper for both the government and funeral businesses, while still maintaining standards in an industry that deals with vulnerable grieving families.\n\n**It replaces:** The 2011 version of the same regulations, which are now revoked."}},"importantCases":[],"_links":{"self":"/api/acts/funerals-infringements-regulations-2021","history":"/api/acts/funerals-infringements-regulations-2021/history","analysis":"/api/acts/funerals-infringements-regulations-2021/analysis","conflicts":"/api/acts/funerals-infringements-regulations-2021/conflicts","importantCases":"/api/acts/funerals-infringements-regulations-2021/important-cases","documents":"/api/acts/funerals-infringements-regulations-2021/documents"}}