Funeral Benefit Business Act 1982
sec.5Definitions
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sec.5 Definitions
In this Act— actuary means— a Fellow or Associate of the Institute of Actuaries (London); or a Fellow or Associate of the Faculty of Actuaries (Edinburgh); or a Fellow of the Institute of Actuaries of Australia; or any other person possessing actuarial knowledge and experience satisfactory to the Governor in Council and approved of by the Governor in Council as being an actuary accordingly. amendment of a rule ... s 5 def amendment of a rule om 1995 No. 58 s 4 sch 1 approved form means a form approved by the chief executive under section 89 . s 5 def approved form ins 1995 No. 58 s 4 sch 1 sub 2003 No. 73 s 140 (2) authorised accountant means— a person registered as an auditor under part 9.2 of the Corporations Act ; or a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or a member of Chartered Accountants Australia and New Zealand who is entitled to use the letters ‘CA’ or ‘FCA’; or a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’; or a person possessing qualifications in accountancy and approved by the chief executive. s 5 def authorised accountant ins 1990 No. 85 s 5 sch 2 amd 1993 No. 82 s 3 sch 1 ; 2001 No. 45 s 29 sch 3 ; 2005 No. 14 s 2 sch ; 2006 No. 9 s 21 ; 2013 No. 39 s 43 sch 1 ; 2023 No. 23 s 76 (1) authorised investment manager means an entity that carries on a business, regulated by Commonwealth or State legislation, of investing money for another person. s 5 def authorised investment manager ins 2003 No. 73 s 140 (1) benefit means funeral benefit. s 5 def benefit ins 2003 No. 73 s 140 (1) contributor means any person who makes a payment or makes periodical contributions in the form of payments, by whatever name known, to an entity in respect of funeral benefits provided or to be provided by the entity. s 5 def contributor amd 2003 No. 73 s 140 (3) – (4) corporation — generally, has the meaning given by the Corporations Act , but does not include an exempt body within the meaning of that Act; and for part 5 , see section 49 . s 5 def corporation sub 1995 No. 58 s 4 sch 1 amd 2001 No. 45 s 29 sch 3 ; 2002 No. 13 s 42 sub 2003 No. 73 s 140 (5) court means the Supreme Court or a judge thereof. Director-General ... s 5 def Director-General ins 1990 No. 85 s 5 sch 2 om 1993 No. 82 s 3 sch 1 FTI Act see section 3 (1) . s 5 def FTI Act ins 2014 No. 8 s 115 (2) fund see section 9 (1) . s 5 def fund ins 1999 No. 29 s 50 sch funeral benefit means the provision, for any contributor or other person for whom or on whose behalf a payment or contributions is or are made, of— funeral, burial or cremation services with or without any other services or benefits connected therewith; or the costs and expenses, or a part thereof, of such funeral, burial or cremation services including, in the case of the provision of connected services or benefits, the costs and expenses, or a part thereof, of such other services or benefits; and, without limiting the generality of the foregoing, includes the provision for any contributor or other person as aforesaid of any 1 or more of the following or of the costs and expenses or a part of the costs and expenses thereof, that is to say— the attendance of a funeral services consultant to assist with arrangements for burial or cremation and the preparation of associated documents; the transportation of the body of the deceased by a funeral director; mortuary facilities and the services of a funeral director and the funeral director’s staff; a casket supplied by a funeral director; arrangements for burial or cremation including arrangements for the purchase of an interment site or interment rights or an inurnment site or inurnment rights; a mobile graveside chapel; a casket-lowering device; the preparation of ashes awaiting inurnment and memorial arrangements; any other service or benefit or thing prescribed by regulation to be a service or benefit or thing for the purpose of this paragraph (the contributor or other person being hereby thereunto authorised). s 5 def funeral benefit amd 1993 No. 82 s 3 sch 1 ; 2003 No. 73 s 140 (6) funeral benefit agreement means an agreement, for the supply of a funeral benefit, between a contributor and an entity. s 5 def funeral benefit agreement ins 2003 No. 73 s 140 (1) funeral benefit business means business providing a funeral benefit, but does not include any case of the sale of an interment site or interment rights only or an inurnment site or inurnment rights only or of the opening or closing of any such site. inspector means a person who holds office under the FTI Act as an inspector for this Act. s 5 def inspector amd 1993 No. 82 s 3 sch 1 sub 2014 No. 8 s 115 nominated property see section 25 . s 5 def nominated property ins 2003 No. 73 s 140 (1) part 3 corporation means a corporation to which repealed section 7 applied. s 5 def part 3 corporation ins 2003 No. 73 s 140 (1) part 4 corporation means a corporation, other than a part 3 corporation, registered under this Act immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , section 139 , to carry on a funeral benefit business. The Second-hand Dealers and Pawnbrokers Act 2003 , section 139 commenced on 1 December 2003. s 5 def part 4 corporation ins 2003 No. 73 s 140 (1) amd 2023 No. 23 s 76 (2) public accountant ... s 5 def public accountant om 1990 No. 85 s 5 sch 2 QCAT information notice means a notice complying with the QCAT Act , section 157 (2) . s 5 def QCAT information notice ins 2009 No. 24 s 549 registered corporation means a part 3 corporation or part 4 corporation. s 5 def registered corporation ins 2003 No. 73 s 140 (1) registrar means the registrar of funeral benefit businesses under section 6 . s 5 def registrar ins 1993 No. 82 s 3 sch 1 sub 2005 No. 14 s 2 sch repealed section 7 means section 7 as in force immediately before its repeal by the Statute Law Revision Act 1995 , section 4 , schedule 1 and to which, under section 5 (3) and schedule 9 of that Act, the Acts Interpretation Act 1954 , section 20A applies. s 5 def repealed section 7 ins 2003 No. 73 s 140 (1) Schedule 3 ... s 5 def Schedule 3 om 1995 No. 57 s 4 sch 1 the Minister ... s 5 def the Minister sub 1990 No. 80 s 3 sch 6 om 1993 No. 82 s 3 sch 1 the Registrar ... s 5 def the Registrar om 1993 No. 82 s 3 sch 1 valuer means a registered valuer within the meaning of the Valuers Registration Act 1992 . s 5 def valuer sub 1993 No. 82 s 3 s ch 1 s 5 amd 1999 No. 27 s 76 sch s 5