43Fees and charges to increase by CPI

43 Fees and charges to increase by CPI

(1) This section only applies—

(a) to a cemetery trust fee which is $50.00 or more; and

S. 43(1)(b) amended by No. 42/2005 s. 3(1)(a), substituted by Nos 61/2009 s. 32(1)(a), 44/2014 s. 33(Sch. item 6(1)).

(b) if the CPI for the last reference period in the calendar year preceding the calendar year in which a declaration under subsection (2) is made is more than the CPI for the last reference period in the preceding calendar year.

S. 43(1A) inserted by No. 61/2009 s. 32(2).

(1A) This section does not apply to a cemetery trust fee to which an exemption under section 40A applies.

S. 43(2) amended by No. 61/2009 s. 32(1)(b).

(2) Not later than 1 March each year, the Secretary must declare that cemetery trust fees to which this section applies are, by force of this section, increased in accordance with this section.

S. 43(2A) inserted by No. 42/2005 s. 3(2).

(2A) A declaration under subsection (2) may provide that this section does not apply to—

(a) a specified cemetery trust or specified cemetery trusts;

(b) specified cemetery trust fees of cemetery trusts generally;

(c) specified cemetery trust fees of a specified cemetery trust or specified cemetery trusts.

(3) A declaration under subsection (2)—

(a) is to be made by notice published in the Government Gazette; and

(b) takes effect on 1 July in the year in which it is made; and

S. 43(3)(c) substituted by No. 42/2005 s. 3(1)(b).

(c) applies to cemetery trusts and cemetery trust fees in accordance with the declaration.

S. 43(4) substituted by No. 61/2009 s. 32(3). amended by No. 44/2014 s. 33(Sch. item 6(2)).

(4) A cemetery trust fee to which this section applies is increased by an amount calculated in accordance with the following formula—

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where—

A is the relevant cemetery trust fee as at 1 February in the calendar year in which the declaration under subsection (2) is made;

B is the CPI for the last reference period in the calendar year preceding the calendar year in which the declaration under subsection (2) is made;

C is the CPI for the last reference period in the calendar year preceding the calendar year referred to in B last published by the Australian Bureau of Statistics before the date on which the declaration under subsection (2) is made.

S. 43(5) substituted by No. 61/2009 s. 32(3).

(5) A cemetery trust fee increased in accordance with this section must be rounded to the nearest 5 dollar unit.