11Cooling off period for grant or renewal of renewable interment rights

11 Cooling off period for grant or renewal of renewable interment rights

11 Cooling off period for grant or renewal of renewable interment rights

(1) For the Act, section 54(8)(c), the following persons may end an agreement by written notice served on the cemetery operator within the cooling off period—

(a) the person who holds the renewable interment right under the agreement (the holder),

(b) the legal representative of the holder.

(2) Subject to section 12, the holder cannot exercise or deal with the renewable interment right during the cooling off period.

(3) If the holder, or the holder’s legal representative, ends the agreement under subsection (1)—

(a) the cemetery operator must refund to the holder any fee the holder has paid for the grant or renewal of the renewable interment right, less any processing fee the cemetery operator may deduct under subsection (4), and

(b) the holder is not, despite anything to the contrary in the agreement, liable to the cemetery operator in any way for ending the agreement.

(4) For the purposes of subsection (3)(a), the cemetery operator may only deduct the processing fee from the amount of the fee paid for the grant or renewal of the renewable interment right, if—

(a) the holder was notified before entering the agreement that a processing fee would be deducted if the agreement was ended under subsection (1), including the manner in which the fee is calculated and the amount of the fee, and

(b) the holder is provided with an itemised account for the refunded amount that includes the amount deducted for the processing fee.

(5) In this section—

processing fee means the reasonable administrative costs of processing the application for the grant or renewal of a renewable interment right.