18Secretary may give directions to cemetery trusts

18 Secretary may give directions to cemetery trusts

(1) The Secretary may give directions to a cemetery trust with respect to—

(a) the manner in which the cemetery trust is to manage and maintain any public cemetery for which it is responsible; and

S. 18(1)(ab) inserted by No. 61/2009 s. 19(1).

(ab) the management, operation or governance of the cemetery trust in accordance with this Act; and

S. 18(1)(ac) inserted by No. 61/2009 s. 19(1).

(ac) any matter arising as a result of an audit under section 50 or an audit or investigation under section 51; and

(b) the records to be kept by the cemetery trust; and

(c) the expenditure of funds of the cemetery trust; and

(d) the carrying out of any other function or the exercise of any other power of the cemetery trust under—

(i) this Act or any other Act; or

(ii) the regulations made under this Act (including the model rules) or regulations made under any other Act; or

(iii) cemetery trust rules.

(2) A direction given under this section—

(a) must be in writing; and

(b) may apply to—

(i) an individual cemetery trust; or

(ii) a class of cemetery trusts; or

(iii) all cemetery trusts.

(3) A cemetery trust must comply with a direction applying to it under this section.

S. 18(4) inserted by No. 61/2009 s. 19(2).

(4) A direction given under this section must not—

(a) refer to the cemetery services or crematoria services provided, or proposed to be provided, by a cemetery trust to a particular person; or

(b) refer to a decision made under the Act by a cemetery trust in relation to a particular person; or

(c) refer to a decision by a cemetery trust to employ or engage a particular person; or

(d) require the supply of goods or services to a cemetery trust by any particular person or other entity unless the supply is in accordance with a tender process.

S. 18A inserted by No. 61/2009 s. 20.