40ASecretary may exempt certain fees and charges from approval

40A Secretary may exempt certain fees and charges from approval

(1) The Secretary may exempt specified fees and charges or scales of fees and charges from being approved under section 40 if, in the Secretary's opinion, there is no public benefit in those fees and charges being approved.

(2) An exemption under subsection (1) may—

(a) specify individual fees and charges or scales of fees and charges which do not require approval under section 40;

(b) specify fees and charges or scales of fees and charges by class;

(c) be of general or limited application;

(d) differ according to differences in time, place or circumstance;

(e) apply to all cemetery trusts, specified cemetery trusts or specified classes of cemetery trusts;

(f) apply to all public cemeteries, specified public cemeteries or specified classes of public cemetery.

(3) The Secretary—

(a) must cause an exemption under subsection (1) to be published in the Government Gazette; and

(b) may publish the exemption under subsection (1) on the Internet.

(4) An exemption under subsection (1) takes effect on the date of publication in the Government Gazette or such later date as is specified in the exemption.