sec.61Provisions as to rules

sec.61 Provisions as to rules

A rule or an amendment of a rule in respect of funeral benefit business of a registered corporation is not valid unless it has been registered by the registrar, and an amendment of a rule containing any table of contributions or benefits or that in any way might affect the sufficiency of the contributions to provide benefits shall not be registered by the registrar unless the State actuary first certifies that the contributions under the rules as amended are sufficient to provide the benefits or that the amendment improves or does not in any way prejudice the financial position of the benefits trust fund or the account kept in the Funeral Benefit Trust Fund in respect of the registered corporation or the financial position of the funeral benefit business trust fund, as the case may be. The registrar, on being satisfied that a rule or an amendment of a rule is not contrary to the provisions of this Act, shall furnish to the corporation a written acknowledgement of registration of the rule or amendment; and such acknowledgement shall be conclusive evidence that the same is duly registered. A copy of the rules relating to the funeral benefit business of a registered corporation shall be made available by the corporation to a person requiring the same on payment of the prescribed fee or, if a fee is not prescribed, on payment of a sum sufficient to cover the cost of printing such copy. Maximum penalty—2 penalty units. An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit. A registered corporation desiring to amend its rules shall make an application in that respect to the registrar in the approved form, pay the prescribed fee and comply with such other requirements as are prescribed. If the registrar refuses to register a rule or an amendment of a rule, the registrar must give the registered corporation a QCAT information notice for the decision (the reviewable decision ). A registered corporation refused registration of a rule or an amendment of a rule by the registrar may apply, as provided under the QCAT Act , to QCAT for a review of the reviewable decision. s 61 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 73 s 174 ; 2009 No. 24 s 551 (sec.61-ssec.1) A rule or an amendment of a rule in respect of funeral benefit business of a registered corporation is not valid unless it has been registered by the registrar, and an amendment of a rule containing any table of contributions or benefits or that in any way might affect the sufficiency of the contributions to provide benefits shall not be registered by the registrar unless the State actuary first certifies that the contributions under the rules as amended are sufficient to provide the benefits or that the amendment improves or does not in any way prejudice the financial position of the benefits trust fund or the account kept in the Funeral Benefit Trust Fund in respect of the registered corporation or the financial position of the funeral benefit business trust fund, as the case may be. (sec.61-ssec.2) The registrar, on being satisfied that a rule or an amendment of a rule is not contrary to the provisions of this Act, shall furnish to the corporation a written acknowledgement of registration of the rule or amendment; and such acknowledgement shall be conclusive evidence that the same is duly registered. (sec.61-ssec.3) A copy of the rules relating to the funeral benefit business of a registered corporation shall be made available by the corporation to a person requiring the same on payment of the prescribed fee or, if a fee is not prescribed, on payment of a sum sufficient to cover the cost of printing such copy. Maximum penalty—2 penalty units. (sec.61-ssec.3A) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —1 penalty unit. (sec.61-ssec.4) A registered corporation desiring to amend its rules shall make an application in that respect to the registrar in the approved form, pay the prescribed fee and comply with such other requirements as are prescribed. (sec.61-ssec.5) If the registrar refuses to register a rule or an amendment of a rule, the registrar must give the registered corporation a QCAT information notice for the decision (the reviewable decision ). (sec.61-ssec.6) A registered corporation refused registration of a rule or an amendment of a rule by the registrar may apply, as provided under the QCAT Act , to QCAT for a review of the reviewable decision.