58Cemetery disclosure document

58 Cemetery disclosure document

(1)  A cemetery manager intending to sell all, or any portion, of a cemetery under this Part must ensure that the proposed purchaser under a contract for sale of the cemetery receives a document disclosing the information specified in subsection (2)  –

(a) if the contract is in writing, at least 48 hours before the contract is entered into; or

(b) if the contract is not in writing, at least 48 hours before ownership of all, or any portion, of the cemetery is transferred in accordance with the contract.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A document disclosing information under subsection (1) is to be in an approved form and include the following information:

(a) a statement specifying –

(i) that, on the transfer of the ownership of the cemetery, the proposed purchaser is the cemetery manager for the cemetery; and

(ii) that, as the cemetery manager for the cemetery, the proposed purchaser would hold the cemetery on trust in accordance with this Act; and

(iii) the other obligations under this Act that would apply to the proposed purchaser as cemetery manager for the cemetery;

(b) the number of persons who have been granted one of the following rights, in respect of the cemetery, that is yet to be fulfilled:

(i) an exclusive right of burial;

(ii) an exclusive right granted under section 85 ;

(iii) a grant in fee of an interment plot;

(iv) a grant for a term of an interment plot;

(c) the number of agreements under section 39(3) in force in respect of a vault, grave or monument within the cemetery and the obligations imposed on the cemetery manager of the cemetery under the agreement;

(d) the provisions made in respect of the cemetery, in accordance with section 36 , for the purposes specified in that section;