{"id":"tas:sr-2025-004","name":"Prepaid Funerals Regulations 2025","slug":"prepaid-funerals-regulations-2025","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"4 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174205,"registerId":"tas-sr-2025-004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Prepaid Funerals Regulations 2025](/view/html/inforce/2026-04-12/sr-2025-004) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 4 February 2025.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Prepaid Funerals Act 2004](/view/html/inforce/2026-04-12/act-2004-011) ;\n> \n> > ***Catholic Development Fund*** means the Catholic Development Fund as administered by the Archbishop of the Roman Catholic Church in Tasmania;\n> \n> > ***life policy*** means a life policy, within the meaning of section 9 of the *Life Insurance Act 1995* of the Commonwealth, issued by a company registered under section 21 of that Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Exemption of deposit scheme and class of prepaid funeral agreements from certain provisions of Act","content":"### 4 Exemption of deposit scheme and class of prepaid funeral agreements from certain provisions of Act\n\n> > (1)  For the purpose of [section 28(2)(b)](/view/html/inforce/2026-04-12/act-2004-011#GS28@Gs2@Hpb@EN) of the Act –\n> > \n> > > > (a) a life policy is a deposit scheme which is exempt from the application of the Act or any provision of the Act; and\n> > > \n> > > > (b) the Catholic Development Fund is a deposit scheme which is exempt from the application of the Act or any provision of the Act.\n> \n> > (2)  For the purpose of [section 28(2)(c)](/view/html/inforce/2026-04-12/act-2004-011#GS28@Gs2@Hpc@EN) of the Act –\n> > \n> > > > (a) if any money paid under a prepaid funeral agreement is to be invested in a life policy, that agreement is one of a class of prepaid funeral agreements which is exempt from the application of [section 5(1)(d)](/view/html/inforce/2026-04-12/act-2004-011#GS5@Gs1@Hpd@EN) , [section 8(1)](/view/html/inforce/2026-04-12/act-2004-011#GS8@Gs1@EN) and [section 9](/view/html/inforce/2026-04-12/act-2004-011#GS9@EN) of the Act; and\n> > > \n> > > > (b) if any money paid under a prepaid funeral agreement is to be paid to the Catholic Development Fund, that agreement is one of a class of prepaid funeral agreements which is exempt from the application of [section 5(1)(d)](/view/html/inforce/2026-04-12/act-2004-011#GS5@Gs1@Hpd@EN) , [section 8(1)](/view/html/inforce/2026-04-12/act-2004-011#GS8@Gs1@EN) and [section 9](/view/html/inforce/2026-04-12/act-2004-011#GS9@EN) of the Act.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 3 February 2025\n\nThese regulations are administered in the Department of Justice.","sortOrder":3}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations narrow the Act's coverage by exempting life insurance policies and a named Catholic Development Fund as deposit schemes, and by exempting prepaid funeral agreements that invest in life policies or pay that Fund from specified obligations in the Act (Regulation 4; affecting Act ss5(1)(d), 8(1), 9). The practical effect is a reduction in the set of agreements and entities subject to those statutory protections and duties."},"complexity_factors":["Short instrument with narrow scope (few provisions) — lowers baseline complexity.","Multiple cross-references to the Prepaid Funerals Act 2004 (ss5(1)(d), 8(1), 9, 28(2)(b),(c)) require reading two instruments together.","Relies on an external defined term from the Life Insurance Act 1995 (definition of “life policy”), adding interstatutory linkage.","Entity-specific exemption for the Catholic Development Fund (Tasmania) raises precision/interpretation questions about institutional scope.","Creates regulatory carve-outs (exemptions) which alter application rather than setting new substantive rules — modest doctrinal complexity but material compliance effects."],"plain_english_summary":"These regulations narrow the application of the Prepaid Funerals Act 2004 by declaring certain deposit schemes and classes of prepaid funeral agreements exempt. Specifically, life insurance policies and the named Catholic Development Fund are treated as exempt deposit schemes, and prepaid agreements that invest in life policies or pay that Fund are exempt from selected consumer-protection provisions. This affects funeral purchasers, funeral providers and insurers: purchasers pay into those vehicles, providers/insurers avoid some Act obligations, and providers gain an incentive to route funds into the exempt vehicles (Reg 4; Act ss5(1)(d),8(1),9)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to be a straightforward subordinate instrument implementing the parent Prepaid Funerals Act. There is no indication of scope creep or departure from the original regulatory intent. The subject matter remains tightly focused on the administration of prepaid funeral contracts in Tasmania."},"complexity_factors":["The document provided is a metadata/status page only — the actual substantive regulatory provisions are not included, limiting full analysis","Regulations of this type typically involve financial trust arrangements, which add some technical complexity","Sits beneath a parent Act, meaning the full legal picture requires reading both instruments together","Relatively narrow subject matter (prepaid funeral contracts) limits overall complexity"],"plain_english_summary":"These regulations implement the Prepaid Funerals Act in Tasmania, setting the rules for how prepaid funeral arrangements and the money paid for them must be managed. They affect consumers who prepay, funeral businesses that sell packages, and trustees or institutions that hold the funds.\n\nThey matter because prepaid plans involve significant, long‑term consumer money that must be protected from misuse or business failure. The source provided is a status page, so specific detailed provisions aren’t shown."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of creating specific exemptions to the Prepaid Funerals Act 2004. The scope has not expanded beyond the narrow administrative function of exempting particular deposit schemes and agreement classes from certain regulatory requirements."},"complexity_factors":["Only 3 defined terms in the interpretation section","Single operative provision (section 4) with straightforward exemption structure","Minimal cross-referencing—only references to specific sections of the parent Act and one Commonwealth Act","No nested conditions or exceptions to exceptions","Very short length (approximately 250 words of substantive content)","Clear binary structure: two deposit schemes exempted, two corresponding agreement classes exempted"],"plain_english_summary":"These regulations create exemptions for specific financial arrangements related to prepaid funerals in Tasmania.\n\n**What it does:**\n- **Exempts two specific deposit schemes** from the main Prepaid Funerals Act 2004:\n  - Life insurance policies (life policies) issued by registered life insurance companies\n  - The Catholic Development Fund (a religious investment fund administered by the Archbishop of the Roman Catholic Church in Tasmania)\n\n- **Exempts certain prepaid funeral agreements** from three specific consumer protection rules in the Act when money is invested in either of the above schemes. The exempted rules normally require:\n  - That prepaid funeral money be held in a special trust account (section 5(1)(d))\n  - That providers give customers a written statement about their investment (section 8(1))\n  - That providers give customers annual reports on their investment (section 9)\n\n**Who it affects:**\n- Funeral providers in Tasmania who offer prepaid funeral plans\n- Customers who choose to invest their prepaid funeral money in life insurance policies or the Catholic Development Fund\n- The Catholic Development Fund itself, which can now receive prepaid funeral money without the usual regulatory requirements\n\n**Why it matters:**\nThis reduces regulatory requirements for two specific investment vehicles. Customers who choose these options won't receive the same written statements, annual reports, or trust account protections that apply to other prepaid funeral investments. The regulations effectively create a carve-out for religious-affiliated and life insurance-based funeral savings products."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/prepaid-funerals-regulations-2025","history":"/api/acts/prepaid-funerals-regulations-2025/history","analysis":"/api/acts/prepaid-funerals-regulations-2025/analysis","conflicts":"/api/acts/prepaid-funerals-regulations-2025/conflicts","importantCases":"/api/acts/prepaid-funerals-regulations-2025/important-cases","documents":"/api/acts/prepaid-funerals-regulations-2025/documents"}}