This regulation sets detailed operational rules for funeral benefit businesses: how contributors’ payments and entitlements are recorded, how corporations must define service areas, how surrender values and out‑of‑area claims are paid, and strict trust‑account recordkeeping and annual audit requirements. It primarily affects registered funeral benefit corporations, their auditors, contributors and the registrar because it dictates who must keep records, who must pay whom (including the registrar’s power to pay surrender values from the fund) and the documentary and timing steps required for compliance.
This regulation sets operational, recordkeeping, audit, notification and limited substantive rules for corporations that run or ran funeral benefit businesses under the Funeral Benefit Business Act framework. Its mechanics are focused on three domains: (1) obligations tied to contributors and benefits (certificates, defined service area, surrender values, and payments), (2) prescribed accounting and audit regime for trust accounts and funeral benefit business funds, and (3) administrative interactions with the registrar (filings, notices, dispute referrals and prescribed forms). Key procedural mechanics are in sections 15 to 20 (contributors and benefits), 21 to 23 (annual return documentation and extensions), 25 to 38 (trust account records, audits and auditor obligations), and 40 to 47A (prescribed limits, registers, fees and related particulars). The regulation also repeals the 2000 regulation and provides transitional rules (sections 48 to 50).
Mechanically, the regulation requires corporations to maintain trust-account books and bank deposit records at every place they conduct the funeral benefit business, to issue machine‑numbered receipts or equivalent accounting-device receipts immediately on receipt of money, and to keep copies and serial-number registers (sections 25 to 31). Audits are mandatory and detailed: part 3 corporations must have their benefits trust fund audited at least annually (s 32), auditors must deliver an audit report in duplicate containing a detailed set of reconciliations and particulars (s 33), and auditors must perform an unscheduled visit at least once per year at least four months before the financial year end (s 34). Auditors have specific duty-to-notify obligations to the registrar where they cannot certify proper keeping of the trust account, discover irregularities, or are refused access to other corporate accounts (ss 35 and 36). Corporations stopping business must obtain and lodge a final audit report within two months (s 37).
Current sections
Direct links to the current provisions in Funeral Benefit Business Regulation 2010.
58
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Funeral Benefit Business Regulation 2010 .
sec.2
Definitions
sec.2 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
pt.2
sec.3
Section sec.3
s 3 om 2013 SL No. 140 s 3
sec.4
Section sec.4
s 4 om 2013 SL No. 140 s 3
sec.5
Section sec.5
s 5 om 2013 SL No. 140 s 3
sec.6
Section sec.6
s 6 om 2013 SL No. 140 s 3
sec.7
Section sec.7
s 7 om 2013 SL No. 140 s 3
sec.8
Section sec.8
s 8 om 2013 SL No. 140 s 3
sec.9
Section sec.9
s 9 om 2013 SL No. 140 s 3
sec.10
Section sec.10
s 10 om 2013 SL No. 140 s 3
sec.11
Section sec.11
s 11 om 2013 SL No. 140 s 3
sec.12
Section sec.12
s 12 om 2013 SL No. 140 s 3
sec.13
Section sec.13
s 13 om 2013 SL No. 140 s 3
pt.3
Existing agreements with part 3 corporations
Existing agreements with part 3 corporations
sec.14
Application of pt 3
sec.14 Application of pt 3
This part applies to a part 3 corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , repealed section 139 .
The repealed section 139 commenced on 1 December 2003.
sec.15
Certificate of contributions paid
sec.15 Certificate of contributions paid
This section applies to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor.
If the contributor has paid all contributions payable by the contributor, a corporation must promptly—
send to the contributor at the contributor’s last known address a certificate—
in the approved form; and
stating the amount of contributions paid by the contributor; and
stating the benefits to which the contributor is entitled; and
give a copy of the certificate to the registrar.
Maximum penalty—1 penalty unit.
(sec.15-ssec.1) This section applies to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor.
(sec.15-ssec.2) If the contributor has paid all contributions payable by the contributor, a corporation must promptly— send to the contributor at the contributor’s last known address a certificate— in the approved form; and stating the amount of contributions paid by the contributor; and stating the benefits to which the contributor is entitled; and give a copy of the certificate to the registrar. Maximum penalty—1 penalty unit.
(a) send to the contributor at the contributor’s last known address a certificate— (i) in the approved form; and (ii) stating the amount of contributions paid by the contributor; and (iii) stating the benefits to which the contributor is entitled; and
(i) in the approved form; and
(ii) stating the amount of contributions paid by the contributor; and
(iii) stating the benefits to which the contributor is entitled; and
(b) give a copy of the certificate to the registrar.
(i) in the approved form; and
(ii) stating the amount of contributions paid by the contributor; and
(iii) stating the benefits to which the contributor is entitled; and
sec.16
Defined area
sec.16 Defined area
A corporation must ensure that its registered rules define an area ( defined area ) in which the corporation will provide a funeral benefit for a contributor or other person entitled to a funeral benefit under an agreement with the corporation.
Maximum penalty—1 penalty unit.
A corporation must ensure that its registered rules include provisions to the following effect—
if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person;
the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice;
if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person.
Maximum penalty—1 penalty unit.
(sec.16-ssec.1) A corporation must ensure that its registered rules define an area ( defined area ) in which the corporation will provide a funeral benefit for a contributor or other person entitled to a funeral benefit under an agreement with the corporation. Maximum penalty—1 penalty unit.
(sec.16-ssec.2) A corporation must ensure that its registered rules include provisions to the following effect— if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person; the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice; if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person. Maximum penalty—1 penalty unit.
(a) if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person;
(b) the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice;
(c) if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person.
sec.17
Application for payment of benefit— Act , s 16 (3)
sec.17 Application for payment of benefit— Act , s 16 (3)
This section applies to an application under section 16 (3) of the Act .
The application must be in the approved form and be made by a relevant applicant.
The registrar must pay out of the fund to the relevant applicant the surrender value of the benefit provided by the corporation.
In this section—
relevant applicant means—
the person who has paid or is liable to pay the funeral costs of the deceased person; or
the personal representative of the deceased person.
s 17 amd 2013 SL No. 140 s 4
(sec.17-ssec.1) This section applies to an application under section 16 (3) of the Act .
(sec.17-ssec.2) The application must be in the approved form and be made by a relevant applicant.
(sec.17-ssec.3) The registrar must pay out of the fund to the relevant applicant the surrender value of the benefit provided by the corporation.
(sec.17-ssec.4) In this section— relevant applicant means— the person who has paid or is liable to pay the funeral costs of the deceased person; or the personal representative of the deceased person.
(a) the person who has paid or is liable to pay the funeral costs of the deceased person; or
(b) the personal representative of the deceased person.
sec.18
Claims for funeral benefits provided outside defined area
sec.18 Claims for funeral benefits provided outside defined area
A corporation must, when making a claim on the fund for a funeral benefit provided outside the corporation’s defined area, give to the registrar—
a certificate in the approved form signed by—
the funeral director who provided the funeral; and
the corporation; and
if the death happened outside Queensland—a copy of the certificate of death of the person for whom service was provided.
s 18 amd 2013 SL No. 140 s 5
(a) a certificate in the approved form signed by— (i) the funeral director who provided the funeral; and (ii) the corporation; and
(i) the funeral director who provided the funeral; and
(ii) the corporation; and
(b) if the death happened outside Queensland—a copy of the certificate of death of the person for whom service was provided.
(i) the funeral director who provided the funeral; and
(ii) the corporation; and
sec.19
Corporation to apply money to pay funeral director
sec.19 Corporation to apply money to pay funeral director
This section applies to a corporation that received an amount from the fund for a funeral benefit provided outside the corporation’s defined area.
The corporation must apply each amount received to pay the funeral director who provided the funeral for the whole, or the unpaid balance, of the cost of the funeral.
Any amount remaining must be paid by the corporation to the person who paid part or all of the cost of the funeral to the funeral director.
s 19 amd 2013 SL No. 140 s 6
(sec.19-ssec.1) This section applies to a corporation that received an amount from the fund for a funeral benefit provided outside the corporation’s defined area.
(sec.19-ssec.2) The corporation must apply each amount received to pay the funeral director who provided the funeral for the whole, or the unpaid balance, of the cost of the funeral.
(sec.19-ssec.3) Any amount remaining must be paid by the corporation to the person who paid part or all of the cost of the funeral to the funeral director.
sec.20
Rules relating to certain agreements
sec.20 Rules relating to certain agreements
A corporation must state in its registered rules that for an agreement entered into with a contributor on or after the commencement of the Act —
if the agreement remains in force for at least 3 years and at least 3 years contributions have been paid under the agreement—a surrender value must be paid to the contributor if the contributor surrenders the agreement; and
the surrender value must be worked out by the State actuary.
Maximum penalty—1 penalty unit.
(a) if the agreement remains in force for at least 3 years and at least 3 years contributions have been paid under the agreement—a surrender value must be paid to the contributor if the contributor surrenders the agreement; and
(b) the surrender value must be worked out by the State actuary.
pt.4
Annual returns for registered corporations
Annual returns for registered corporations
sec.21
Documents to accompany annual returns for part 3 corporation— Act , s 19 (1)
sec.21 Documents to accompany annual returns for part 3 corporation— Act , s 19 (1)
The following documents are the prescribed documents that must accompany the annual return required under section 19 (1) of the Act —
a copy of the corporation’s benefits trust fund account showing particulars of receipts and payments received or made during the financial year;
a statement of the balance of the corporation’s benefits trust fund as at the end of the financial year showing the names of all persons on whose behalf moneys are held and the amount held for each person;
a copy of the audit report under section 33 .
(a) a copy of the corporation’s benefits trust fund account showing particulars of receipts and payments received or made during the financial year;
(b) a statement of the balance of the corporation’s benefits trust fund as at the end of the financial year showing the names of all persons on whose behalf moneys are held and the amount held for each person;
(c) a copy of the audit report under section 33 .
sec.22
Documents to accompany annual returns for part 4 corporation— Act , s 42 (1)
sec.22 Documents to accompany annual returns for part 4 corporation— Act , s 42 (1)
The following documents are the prescribed documents that must accompany the annual return required under section 42 (1) of the Act for a part 4 corporation—
a copy of the audit report under section 33 ;
for its funeral benefit business trust fund account—a copy of the funeral benefit business trust fund account showing particulars of receipts and payments received or made during the financial year;
for its funeral benefit business trust fund—
a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and
a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
(a) a copy of the audit report under section 33 ;
(b) for its funeral benefit business trust fund account—a copy of the funeral benefit business trust fund account showing particulars of receipts and payments received or made during the financial year;
(c) for its funeral benefit business trust fund— (i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and (ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
(i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and
(ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
(i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and
(ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
sec.23
Extension of period for lodging annual return
sec.23 Extension of period for lodging annual return
This section applies to a corporation requesting an extension under section 19 or 42 of the Act of the time within which to lodge its annual return.
The corporation must apply for the extension in writing and the application must be received by the registrar within 4 months after the end of the financial year.
The registrar must give the corporation written notice of the registrar’s decision on the application.
(sec.23-ssec.1) This section applies to a corporation requesting an extension under section 19 or 42 of the Act of the time within which to lodge its annual return.
(sec.23-ssec.2) The corporation must apply for the extension in writing and the application must be received by the registrar within 4 months after the end of the financial year.
(sec.23-ssec.3) The registrar must give the corporation written notice of the registrar’s decision on the application.
pt.5
Accounts and funds for registered corporations
Accounts and funds for registered corporations
sec.24
Application of pt 5
sec.24 Application of pt 5
This part applies to a registered corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , repealed section 139 .
The repealed section 139 commenced on 1 December 2003.
sec.25
Trust account receipt book to be kept
sec.25 Trust account receipt book to be kept
A registered corporation must—
keep a trust account receipt book at its registered office and every other place at which it conducts a funeral benefit business; and
record in the trust account receipt book the receipt of contributions or other money payable under the Act into its trust account.
Maximum penalty—1 penalty unit.
The receipt forms in the trust account receipt book must be consecutively machine numbered.
A registered corporation must give a receipt from the trust account receipt book immediately on the receipt of a contribution or other money payable under the Act into its trust account.
Maximum penalty—1 penalty unit.
When a registered corporation gives a receipt under subsection (3) , it must also make a copy of the receipt.
Maximum penalty for subsection (4) —1 penalty unit.
(sec.25-ssec.1) A registered corporation must— keep a trust account receipt book at its registered office and every other place at which it conducts a funeral benefit business; and record in the trust account receipt book the receipt of contributions or other money payable under the Act into its trust account. Maximum penalty—1 penalty unit.
(sec.25-ssec.2) The receipt forms in the trust account receipt book must be consecutively machine numbered.
(sec.25-ssec.3) A registered corporation must give a receipt from the trust account receipt book immediately on the receipt of a contribution or other money payable under the Act into its trust account. Maximum penalty—1 penalty unit.
(sec.25-ssec.4) When a registered corporation gives a receipt under subsection (3) , it must also make a copy of the receipt. Maximum penalty for subsection (4) —1 penalty unit.
(a) keep a trust account receipt book at its registered office and every other place at which it conducts a funeral benefit business; and
(b) record in the trust account receipt book the receipt of contributions or other money payable under the Act into its trust account.
sec.26
Alternative to complying with s 25
sec.26 Alternative to complying with s 25
A registered corporation does not commit an offence against section 25 if the corporation—
gives a receipt for a contribution or other money payable under the Act into its trust account by an accounting device; and
complies with subsection (2) .
The corporation must—
give the receipt immediately after the contribution or money is received; and
ensure the accounting device prints multiple copies of the receipt; and
if the accounting device is an accounting machine or a cash register—ensure the audit strip of the receipt is pasted in a book kept by the corporation for that purpose; and
if the accounting device is an accounting machine that prints the receipt in triplicate—ensure the triplicate of the receipt is kept in the records of the corporation.
(sec.26-ssec.1) A registered corporation does not commit an offence against section 25 if the corporation— gives a receipt for a contribution or other money payable under the Act into its trust account by an accounting device; and complies with subsection (2) .
(sec.26-ssec.2) The corporation must— give the receipt immediately after the contribution or money is received; and ensure the accounting device prints multiple copies of the receipt; and if the accounting device is an accounting machine or a cash register—ensure the audit strip of the receipt is pasted in a book kept by the corporation for that purpose; and if the accounting device is an accounting machine that prints the receipt in triplicate—ensure the triplicate of the receipt is kept in the records of the corporation.
(a) gives a receipt for a contribution or other money payable under the Act into its trust account by an accounting device; and
(b) complies with subsection (2) .
(a) give the receipt immediately after the contribution or money is received; and
(b) ensure the accounting device prints multiple copies of the receipt; and
(c) if the accounting device is an accounting machine or a cash register—ensure the audit strip of the receipt is pasted in a book kept by the corporation for that purpose; and
(d) if the accounting device is an accounting machine that prints the receipt in triplicate—ensure the triplicate of the receipt is kept in the records of the corporation.
sec.27
Title and particulars for receipt
sec.27 Title and particulars for receipt
A receipt given under section 25 or 26 must be titled ‘ Funeral Benefit Business Act 1982 ’ and the completed receipt form must contain the following particulars—
the name of the corporation by whom or on whose behalf the receipt is given followed by the words—
if the corporation is a part 3 corporation—‘benefits trust fund’; or
if the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;
the date given;
the name of the person by whom or on whose behalf the contribution or payment is made;
the type of contribution or payment;
the amount of the contribution or payment received;
the signature of the person giving the receipt.
(a) the name of the corporation by whom or on whose behalf the receipt is given followed by the words— (i) if the corporation is a part 3 corporation—‘benefits trust fund’; or (ii) if the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;
(i) if the corporation is a part 3 corporation—‘benefits trust fund’; or
(ii) if the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;
(b) the date given;
(c) the name of the person by whom or on whose behalf the contribution or payment is made;
(d) the type of contribution or payment;
(e) the amount of the contribution or payment received;
(f) the signature of the person giving the receipt.
(i) if the corporation is a part 3 corporation—‘benefits trust fund’; or
(ii) if the corporation is a part 4 corporation—‘funeral benefit business trust fund account’;
sec.28
Trust account bank deposit book to be kept
sec.28 Trust account bank deposit book to be kept
A registered corporation must keep a trust account bank deposit book at its registered office and every other place at which it conducts a funeral benefit business.
Maximum penalty—1 penalty unit.
The trust account bank deposit book may include loose-leaf pages but the loose pages must be securely filed in the records of the corporation.
A registered corporation must, when entering the particulars of all moneys to be banked in the trust account bank deposit book, make a copy of the particulars.
Maximum penalty for subsection (3) —1 penalty unit.
(sec.28-ssec.1) A registered corporation must keep a trust account bank deposit book at its registered office and every other place at which it conducts a funeral benefit business. Maximum penalty—1 penalty unit.
(sec.28-ssec.2) The trust account bank deposit book may include loose-leaf pages but the loose pages must be securely filed in the records of the corporation.
(sec.28-ssec.3) A registered corporation must, when entering the particulars of all moneys to be banked in the trust account bank deposit book, make a copy of the particulars. Maximum penalty for subsection (3) —1 penalty unit.
sec.29
Trust account cash book to be kept
sec.29 Trust account cash book to be kept
A registered corporation must keep a trust account cash book at its registered office and every other place at which it conducts a funeral benefit business.
Maximum penalty—1 penalty unit.
A registered corporation must immediately enter in its trust account cash book particulars of all money received and all payments made because of the funeral benefit business of the corporation.
Maximum penalty—1 penalty unit.
A registered corporation must ensure that its trust account cash book contains a complete record of all transactions with a financial institution, stating under the headings—
‘Receipts’—all money lodged to the credit of the trust account; and
‘Payments’—all cheques drawn against the trust account.
Maximum penalty—1 penalty unit.
At the end of each month a registered corporation must—
reconcile its trust account cash book with the financial institution’s balance in the approved form; and
enter the reconciliation in the corporation’s trust account cash book.
Maximum penalty—1 penalty unit.
(sec.29-ssec.1) A registered corporation must keep a trust account cash book at its registered office and every other place at which it conducts a funeral benefit business. Maximum penalty—1 penalty unit.
(sec.29-ssec.2) A registered corporation must immediately enter in its trust account cash book particulars of all money received and all payments made because of the funeral benefit business of the corporation. Maximum penalty—1 penalty unit.
(sec.29-ssec.3) A registered corporation must ensure that its trust account cash book contains a complete record of all transactions with a financial institution, stating under the headings— ‘Receipts’—all money lodged to the credit of the trust account; and ‘Payments’—all cheques drawn against the trust account. Maximum penalty—1 penalty unit.
(sec.29-ssec.4) At the end of each month a registered corporation must— reconcile its trust account cash book with the financial institution’s balance in the approved form; and enter the reconciliation in the corporation’s trust account cash book. Maximum penalty—1 penalty unit.
(a) ‘Receipts’—all money lodged to the credit of the trust account; and
(b) ‘Payments’—all cheques drawn against the trust account.
(a) reconcile its trust account cash book with the financial institution’s balance in the approved form; and
(b) enter the reconciliation in the corporation’s trust account cash book.
sec.30
Trust account ledger to be kept
sec.30 Trust account ledger to be kept
A registered corporation must keep a trust account ledger at its registered office and every other place at which it conducts a funeral benefit business.
Maximum penalty—1 penalty unit.
A registered corporation must ensure that all entries made in its trust account cash book are immediately entered in its trust account ledger.
Maximum penalty—1 penalty unit.
(sec.30-ssec.1) A registered corporation must keep a trust account ledger at its registered office and every other place at which it conducts a funeral benefit business. Maximum penalty—1 penalty unit.
(sec.30-ssec.2) A registered corporation must ensure that all entries made in its trust account cash book are immediately entered in its trust account ledger. Maximum penalty—1 penalty unit.
sec.31
Trust account records to be kept by registered corporation
sec.31 Trust account records to be kept by registered corporation
A registered corporation must—
keep full and accurate accounts of—
all money received by the corporation for any transaction under the Act ; and
all payments made by the corporation; and
do all things necessary to enable the accounts to be audited, including—
keeping any accounts and records necessary; and
maintaining those accounts in a way that ensures they can be conveniently and properly audited; and
keep a separate book or register, created for the purpose, detailing—
a true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and
the serial numbers of the trust account receipt forms contained in the trust account receipt books; and
keep and produce for the auditor making the audit of the trust account the copy of the previous audit report given to the corporation under section 33 (1) by the previous auditor; and
produce to the auditor engaged or employed by the corporation, if asked to by the auditor—
all trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and
all contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and
give the auditor any additional information the auditor reasonably requires.
Maximum penalty—1 penalty unit.
(a) keep full and accurate accounts of— (i) all money received by the corporation for any transaction under the Act ; and (ii) all payments made by the corporation; and
(i) all money received by the corporation for any transaction under the Act ; and
(ii) all payments made by the corporation; and
(b) do all things necessary to enable the accounts to be audited, including— (i) keeping any accounts and records necessary; and (ii) maintaining those accounts in a way that ensures they can be conveniently and properly audited; and
(i) keeping any accounts and records necessary; and
(ii) maintaining those accounts in a way that ensures they can be conveniently and properly audited; and
(c) keep a separate book or register, created for the purpose, detailing— (i) a true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and (ii) the serial numbers of the trust account receipt forms contained in the trust account receipt books; and
(i) a true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and
(ii) the serial numbers of the trust account receipt forms contained in the trust account receipt books; and
(d) keep and produce for the auditor making the audit of the trust account the copy of the previous audit report given to the corporation under section 33 (1) by the previous auditor; and
(e) produce to the auditor engaged or employed by the corporation, if asked to by the auditor— (i) all trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and (ii) all contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and
(i) all trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and
(ii) all contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and
(f) give the auditor any additional information the auditor reasonably requires.
(i) all money received by the corporation for any transaction under the Act ; and
(ii) all payments made by the corporation; and
(i) keeping any accounts and records necessary; and
(ii) maintaining those accounts in a way that ensures they can be conveniently and properly audited; and
(i) a true and accurate record of the number of trust account receipt books obtained and held by the corporation during the period for which an audit is or is to be made; and
(ii) the serial numbers of the trust account receipt forms contained in the trust account receipt books; and
(i) all trust account books, accounts records and documents necessary to enable the auditing of the corporation’s trust account; and
(ii) all contracts, agreements or other documents about the funeral benefit business conducted by the corporation necessary to enable the auditing of the corporation’s trust account; and
sec.32
Audit of benefits trust fund of part 3 corporation
sec.32 Audit of benefits trust fund of part 3 corporation
A part 3 corporation must ensure that its benefits trust fund is audited at least once a year.
Maximum penalty—1 penalty unit.
sec.33
Audit report
sec.33 Audit report
An auditor appointed to audit a trust account or a funeral benefit business trust fund by a registered corporation must give to the corporation a report, in duplicate, of the result of the audit signed by the auditor.
Maximum penalty—1 penalty unit.
The report must state the following information—
the name of the corporation;
the addresses of the places of business to which the audit report relates;
the period covered by the audit;
the name of the trust account;
the name of the financial institution at which the trust account was kept;
whether the auditor also audited the general accounts of the corporation;
whether the trust account or funeral benefit business trust fund has, in the auditor’s opinion, been properly kept and is in order and correct;
whether the trust account or an individual contributor’s account has been overdrawn;
particulars of all money and investments held in trust by the corporation and reconciled with the contributors’ accounts and other accounts maintained in the trust account ledger on the last day of the audit period;
a reconciliation of the trust account cash book with the financial institution’s balance at that date;
for a part 4 corporation—
whether or not the corporation has at all times complied with section 40 of the Act ; and
whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;
the number of trust receipt books and the serial numbers of the trust receipt forms in the books in the possession of the corporation during the period to which the audit relates;
particulars of—
the used trust receipt forms audited; and
the unused trust receipt forms on hand at the end of the last day of the audit period;
whether the auditor asked the corporation for permission to examine the general accounts of the corporation and was refused;
the date the trust account was examined under section 34 .
(sec.33-ssec.1) An auditor appointed to audit a trust account or a funeral benefit business trust fund by a registered corporation must give to the corporation a report, in duplicate, of the result of the audit signed by the auditor. Maximum penalty—1 penalty unit.
(sec.33-ssec.2) The report must state the following information— the name of the corporation; the addresses of the places of business to which the audit report relates; the period covered by the audit; the name of the trust account; the name of the financial institution at which the trust account was kept; whether the auditor also audited the general accounts of the corporation; whether the trust account or funeral benefit business trust fund has, in the auditor’s opinion, been properly kept and is in order and correct; whether the trust account or an individual contributor’s account has been overdrawn; particulars of all money and investments held in trust by the corporation and reconciled with the contributors’ accounts and other accounts maintained in the trust account ledger on the last day of the audit period; a reconciliation of the trust account cash book with the financial institution’s balance at that date; for a part 4 corporation— whether or not the corporation has at all times complied with section 40 of the Act ; and whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown; the number of trust receipt books and the serial numbers of the trust receipt forms in the books in the possession of the corporation during the period to which the audit relates; particulars of— the used trust receipt forms audited; and the unused trust receipt forms on hand at the end of the last day of the audit period; whether the auditor asked the corporation for permission to examine the general accounts of the corporation and was refused; the date the trust account was examined under section 34 .
(a) the name of the corporation;
(b) the addresses of the places of business to which the audit report relates;
(c) the period covered by the audit;
(d) the name of the trust account;
(e) the name of the financial institution at which the trust account was kept;
(f) whether the auditor also audited the general accounts of the corporation;
(g) whether the trust account or funeral benefit business trust fund has, in the auditor’s opinion, been properly kept and is in order and correct;
(h) whether the trust account or an individual contributor’s account has been overdrawn;
(i) particulars of all money and investments held in trust by the corporation and reconciled with the contributors’ accounts and other accounts maintained in the trust account ledger on the last day of the audit period;
(j) a reconciliation of the trust account cash book with the financial institution’s balance at that date;
(k) for a part 4 corporation— (i) whether or not the corporation has at all times complied with section 40 of the Act ; and (ii) whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;
(i) whether or not the corporation has at all times complied with section 40 of the Act ; and
(ii) whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;
(l) the number of trust receipt books and the serial numbers of the trust receipt forms in the books in the possession of the corporation during the period to which the audit relates;
(m) particulars of— (i) the used trust receipt forms audited; and (ii) the unused trust receipt forms on hand at the end of the last day of the audit period;
(i) the used trust receipt forms audited; and
(ii) the unused trust receipt forms on hand at the end of the last day of the audit period;
(n) whether the auditor asked the corporation for permission to examine the general accounts of the corporation and was refused;
(o) the date the trust account was examined under section 34 .
(i) whether or not the corporation has at all times complied with section 40 of the Act ; and
(ii) whether or not the investments held by the corporation at the end of the relevant financial year and set out in the statement mentioned in section 22 (c) (ii) have been verified and are correctly shown;
(i) the used trust receipt forms audited; and
(ii) the unused trust receipt forms on hand at the end of the last day of the audit period;
sec.34
Examination on unscheduled visit
sec.34 Examination on unscheduled visit
This section applies unless a corporation has been registered for less than 6 months.
A registered corporation must ensure that the auditor appointed to audit its trust account or funeral benefit business trust fund examines the corporation’s trust account or funeral benefit business trust fund on an unscheduled visit to the corporation.
Maximum penalty—1 penalty unit.
The visit must take place at least 4 months before the end of each financial year.
(sec.34-ssec.1) This section applies unless a corporation has been registered for less than 6 months.
(sec.34-ssec.2) A registered corporation must ensure that the auditor appointed to audit its trust account or funeral benefit business trust fund examines the corporation’s trust account or funeral benefit business trust fund on an unscheduled visit to the corporation. Maximum penalty—1 penalty unit.
(sec.34-ssec.3) The visit must take place at least 4 months before the end of each financial year.
sec.35
Auditor to advise registrar of particular matters
sec.35 Auditor to advise registrar of particular matters
An auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund must promptly advise the registrar if—
the auditor is unable to certify that the trust account or funeral benefit business trust fund has been properly kept and is in order and correct; or
on an unscheduled examination of the trust account or funeral benefit business trust fund, the auditor considers that there is some irregularity in relation to the account or fund that should to be brought to the notice of the registrar; or
the auditor considers the registrar should be advised of any matter about the trust account or funeral benefit business trust fund.
Maximum penalty—1 penalty unit.
(a) the auditor is unable to certify that the trust account or funeral benefit business trust fund has been properly kept and is in order and correct; or
(b) on an unscheduled examination of the trust account or funeral benefit business trust fund, the auditor considers that there is some irregularity in relation to the account or fund that should to be brought to the notice of the registrar; or
(c) the auditor considers the registrar should be advised of any matter about the trust account or funeral benefit business trust fund.
sec.36
Auditor to advise registrar if request to examine other accounts is refused
sec.36 Auditor to advise registrar if request to examine other accounts is refused
This section applies if—
an auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund considers that, to enable the auditor to decide whether the trust account or funeral benefit business trust fund has been properly kept and is in order and correct, it is necessary or desirable that the auditor should be permitted to examine another account of the corporation; and
the auditor asks the corporation to produce for the auditor’s examination the other account; and
the corporation refuses the auditor’s request.
The auditor must promptly advise the registrar of the refusal.
Maximum penalty—1 penalty unit.
(sec.36-ssec.1) This section applies if— an auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund considers that, to enable the auditor to decide whether the trust account or funeral benefit business trust fund has been properly kept and is in order and correct, it is necessary or desirable that the auditor should be permitted to examine another account of the corporation; and the auditor asks the corporation to produce for the auditor’s examination the other account; and the corporation refuses the auditor’s request.
(sec.36-ssec.2) The auditor must promptly advise the registrar of the refusal. Maximum penalty—1 penalty unit.
(a) an auditor appointed by a registered corporation to audit its trust account or funeral benefit business trust fund considers that, to enable the auditor to decide whether the trust account or funeral benefit business trust fund has been properly kept and is in order and correct, it is necessary or desirable that the auditor should be permitted to examine another account of the corporation; and
(b) the auditor asks the corporation to produce for the auditor’s examination the other account; and
(c) the corporation refuses the auditor’s request.
sec.37
Particular duties of part 4 corporation
sec.37 Particular duties of part 4 corporation
This section applies if a part 4 corporation—
stops being registered under the Act to conduct a funeral benefit business; or
stops conducting a funeral benefit business.
The corporation must within 2 months after stopping—
ensure that its trust account is audited by an auditor—
if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or
if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and
obtain from the auditor a report of the audit; and
send the report to the registrar.
Maximum penalty—1 penalty unit.
(sec.37-ssec.1) This section applies if a part 4 corporation— stops being registered under the Act to conduct a funeral benefit business; or stops conducting a funeral benefit business.
(sec.37-ssec.2) The corporation must within 2 months after stopping— ensure that its trust account is audited by an auditor— if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and obtain from the auditor a report of the audit; and send the report to the registrar. Maximum penalty—1 penalty unit.
(a) stops being registered under the Act to conduct a funeral benefit business; or
(b) stops conducting a funeral benefit business.
(a) ensure that its trust account is audited by an auditor— (i) if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or (ii) if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and
(i) if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or
(ii) if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and
(b) obtain from the auditor a report of the audit; and
(c) send the report to the registrar.
(i) if an audit has been performed—for the period from the day when its trust account was last audited to the day of it stopping; or
(ii) if no audit has been performed—for the period from the day when it started to conduct a funeral benefit business to the day of it stopping; and
sec.38
Auditor’s secrecy
sec.38 Auditor’s secrecy
An auditor must not divulge to a person any information obtained by the auditor in the course of conducting an examination or audit under the Act .
Maximum penalty—1 penalty unit.
pt.6
General provisions for registered corporations
General provisions for registered corporations
sec.39
Application of pt 6
sec.39 Application of pt 6
This part applies to a registered corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , repealed section 139 .
The repealed section 139 commenced on 1 December 2003.
sec.40
Prescribed benefit limit— Act , s 32 (d)
sec.40 Prescribed benefit limit— Act , s 32 (d)
For section 32 (d) of the Act , the prescribed amount is $11,000.
sec.41
Prescribed particulars to be entered in register of contributors— Act , s 47 (1) (e)
sec.41 Prescribed particulars to be entered in register of contributors— Act , s 47 (1) (e)
The following particulars are prescribed for section 47 (1) (e) of the Act —
the name and address of the contributor’s next of kin or other person nominated by the contributor to be contacted by the corporation in the absence of the contributor;
particulars of the amounts and dates of payment of contributions made by the contributor;
particulars of the amounts and dates of payments made to or on behalf of the contributor;
particulars of the value of service provided to or on behalf of the contributor and the date the services were provided.
In this section—
next of kin includes spouse.
(sec.41-ssec.1) The following particulars are prescribed for section 47 (1) (e) of the Act — the name and address of the contributor’s next of kin or other person nominated by the contributor to be contacted by the corporation in the absence of the contributor; particulars of the amounts and dates of payment of contributions made by the contributor; particulars of the amounts and dates of payments made to or on behalf of the contributor; particulars of the value of service provided to or on behalf of the contributor and the date the services were provided.
(sec.41-ssec.2) In this section— next of kin includes spouse.
(a) the name and address of the contributor’s next of kin or other person nominated by the contributor to be contacted by the corporation in the absence of the contributor;
(b) particulars of the amounts and dates of payment of contributions made by the contributor;
(c) particulars of the amounts and dates of payments made to or on behalf of the contributor;
(d) particulars of the value of service provided to or on behalf of the contributor and the date the services were provided.
sec.42
Prescribed particulars to be entered in register of contributors— Act , s 47 (3) (e)
sec.42 Prescribed particulars to be entered in register of contributors— Act , s 47 (3) (e)
This section applies if a contributor pays all the contributor’s contributions to the corporation.
The following particulars are prescribed for section 47 (3) (e) of the Act —
the contributor’s contributions are fully paid;
the date they were fully paid.
(sec.42-ssec.1) This section applies if a contributor pays all the contributor’s contributions to the corporation.
(sec.42-ssec.2) The following particulars are prescribed for section 47 (3) (e) of the Act — the contributor’s contributions are fully paid; the date they were fully paid.
(a) the contributor’s contributions are fully paid;
(b) the date they were fully paid.
sec.43
Prescribed information to be given by registered corporation— Act , s 51 (4) (c)
sec.43 Prescribed information to be given by registered corporation— Act , s 51 (4) (c)
For section 51 (4) (c) of the Act , the prescribed information is the total amount of the contributions paid by the contributor up to the date the corporation asks for cancellation of registration.
sec.44
Amendment to rules— Act , s 61 (4)
sec.44 Amendment to rules— Act , s 61 (4)
For section 61 (4) of the Act , an application to amend the registered rules of a corporation must be accompanied by a copy of the proposed amendment signed by its chairperson and secretary.
sec.45
Registration of amendment to rules
sec.45 Registration of amendment to rules
An amendment to the rules of a corporation is registered when an acknowledgement of registration in the approved form is written on the copy mentioned in section 44 .
sec.46
Disputes
sec.46 Disputes
An application to refer a dispute to the registrar for settlement under section 62 (1) of the Act must be in the approved form.
The registrar must forward a copy of the application to each person, other than the applicant, stated in the application as a party to the dispute.
The registrar must give notice, in the approved form, of the hearing of the dispute to each of the parties to the dispute not less than 14 days before the hearing.
An award made by the registrar must be—
in the approved form; and
given promptly to the parties to the dispute.
(sec.46-ssec.1) An application to refer a dispute to the registrar for settlement under section 62 (1) of the Act must be in the approved form.
(sec.46-ssec.2) The registrar must forward a copy of the application to each person, other than the applicant, stated in the application as a party to the dispute.
(sec.46-ssec.3) The registrar must give notice, in the approved form, of the hearing of the dispute to each of the parties to the dispute not less than 14 days before the hearing.
(sec.46-ssec.4) An award made by the registrar must be— in the approved form; and given promptly to the parties to the dispute.
(a) in the approved form; and
(b) given promptly to the parties to the dispute.
sec.47
Fees
sec.47 Fees
The fees payable under the Act are stated in schedule 1 .
sec.47A
Rounding of amounts expressed as numbers of fee units
sec.47A Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—
if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
s 47A ins 2022 SL No. 79 s 72
(sec.47A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(sec.47A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).
pt.7
Repeal and transitional provisions
Repeal and transitional provisions
sec.48
Repeal of Funeral Benefit Business Regulation 2000
sec.48 Repeal of Funeral Benefit Business Regulation 2000
The Funeral Benefit Business Regulation 2000 , SL No. 220 is repealed.
sec.49
Previous certificate of contributions paid and benefits to which contributor is entitled
sec.49 Previous certificate of contributions paid and benefits to which contributor is entitled
Section 15 does not apply in relation to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor after the contributor has stopped making contributions if—
the contributor stopped making contributions before the commencement of this section; and
the corporation has complied with section 15 of the repealed regulation in relation to the contributions.
(a) the contributor stopped making contributions before the commencement of this section; and
(b) the corporation has complied with section 15 of the repealed regulation in relation to the contributions.
sec.50
Existing extension of period for lodging annual return
sec.50 Existing extension of period for lodging annual return
If the registrar has given an extension of the period for lodging an annual return under section 28 of the repealed regulation and on the commencement of this section the extension has not expired, the extension continues under this regulation until the end of the unexpired term of the extension.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Funeral Benefit Business Regulation 2010 .
sec.2 Definitions
sec.2 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
Section sec.3
s 3 om 2013 SL No. 140 s 3
Section sec.4
s 4 om 2013 SL No. 140 s 3
Section sec.5
s 5 om 2013 SL No. 140 s 3
Section sec.6
s 6 om 2013 SL No. 140 s 3
Section sec.7
s 7 om 2013 SL No. 140 s 3
Section sec.8
s 8 om 2013 SL No. 140 s 3
Section sec.9
s 9 om 2013 SL No. 140 s 3
Section sec.10
s 10 om 2013 SL No. 140 s 3
Section sec.11
s 11 om 2013 SL No. 140 s 3
Section sec.12
s 12 om 2013 SL No. 140 s 3
Section sec.13
s 13 om 2013 SL No. 140 s 3
pt.3 Existing agreements with part 3 corporations
Existing agreements with part 3 corporations
sec.14 Application of pt 3
sec.14 Application of pt 3
This part applies to a part 3 corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , repealed section 139 .
The repealed section 139 commenced on 1 December 2003.
sec.15 Certificate of contributions paid
sec.15 Certificate of contributions paid
This section applies to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor.
If the contributor has paid all contributions payable by the contributor, a corporation must promptly—
send to the contributor at the contributor’s last known address a certificate—
in the approved form; and
stating the amount of contributions paid by the contributor; and
stating the benefits to which the contributor is entitled; and
give a copy of the certificate to the registrar.
Maximum penalty—1 penalty unit.
(sec.15-ssec.1) This section applies to a contributor who has stopped making contributions under a funeral benefit agreement or on any benefit accruing to the contributor.
(sec.15-ssec.2) If the contributor has paid all contributions payable by the contributor, a corporation must promptly— send to the contributor at the contributor’s last known address a certificate— in the approved form; and stating the amount of contributions paid by the contributor; and stating the benefits to which the contributor is entitled; and give a copy of the certificate to the registrar. Maximum penalty—1 penalty unit.
On contributor-facing mechanics, corporations must issue a certificate of contributions and entitlements promptly to a contributor who stops contributing, but only if the contributor has paid all contributions due (s 15). Registered rules must define a geographic area of service, specify the corporation’s obligations where death occurs in or out of that area, and allow the corporation to extend its defined area by notice filed with the registrar and published locally (s 16). For certain agreements entered after commencement of the Act, a surrender value becomes payable after three years in-force and must be worked out by the State actuary (s 20), and the registrar pays surrender value to a relevant applicant from the fund on application in the approved form (s 17). For claims involving funerals outside the corporation’s defined area, specific certificates and, if death occurred outside Queensland, a death certificate, must accompany a claim on the fund (s 18), and funds received must be applied first to pay the funeral director (s 19).
The regulation prescribes the contents of registers, receipts and audit reports, fixes a prescribed benefit limit at $11,000 for s 32(d) of the Act (s 40), requires particular information be provided on cancellation applications and rule amendments (ss 43 to 45), and sets procedural form rules for dispute referrals to the registrar (s 46). Fees are set in schedule 1, and a rounding rule for fees expressed in fee units was inserted in 2022 (s 47A). Most operational contraventions carry a maximum penalty of 1 penalty unit, which the regulation uses repeatedly across recordkeeping, issuing receipts and audit‑related duties.
The official rationale for the regulation is not in the text. The instrument’s visible incentives are to preserve trust‑account integrity, ensure traceability of contributor funds, enable registrar oversight through audits and auditor reporting, and to standardise contributor entitlements such as surrender values. The mechanics centralise several decisions with public officials and experts, specifically the registrar (approvals, filings, payments) and the State actuary (surrender valuation). Those mechanistic allocations create predictable administrative friction, compliance costs and reliance on statutory processes, which are described further below.
Main concepts
The regulation revolves around a narrow set of recurring technical concepts that determine behaviour, compliance costs and administrative paths:
Registered corporation and parts, part 3 and part 4: The regulation repeatedly distinguishes obligations by the corporation’s category. Several provisions apply specifically to "part 3 corporations" (for example, s 14, s 32) or "part 4 corporations" (for example, ss 22, 37). The text ties application of parts of the regulation to funeral benefit agreements entered into and in force immediately before the commencement of repealed provisions (s 14, s 24, s 39). That means the regulation is in part transitional and in part ongoing for pre-existing agreements.
Trust accounts and funeral benefit business trust funds: These are the financial vehicles subject to tight recordkeeping and audit rules. The regulation prescribes keeping a trust account receipt book, trust account bank deposit book, trust account cash book and a trust account ledger at the registered office and at every other business location where the funeral benefit business is conducted (ss 25, 28, 29, 30). The trust account is the vehicle through which contributor funds and benefit payments are tracked (see s 31 for comprehensive recordkeeping).
Receipts, serial numbers and audit evidence: Receipts must be machine-numbered, titled "Funeral Benefit Business Act 1982", and include specified particulars (s 25(2), s 27). An accounting-device alternative is permitted, subject to requirements that multiple copies be printed, audit strips be preserved, or triplicates kept (s 26). Corporations must maintain a separate book or register recording the number and serial numbers of trust receipt books obtained and held, for audit purposes (s 31(c)).
Auditor duties and unscheduled visits: Auditors appointed by corporations must produce a detailed audit report in duplicate (s 33), conduct an unscheduled visit at least once a year and at least four months before the end of the financial year (s 34), immediately enter required particulars and reconcile books monthly (s 29(4)), and notify the registrar promptly if they cannot certify proper keeping or find irregularities (s 35). If an auditor is refused access to other accounts that the auditor reasonably considers necessary, the auditor must promptly notify the registrar (s 36).
Defined area and service scope: Corporations must ensure their registered rules define the geographic area where benefits will be provided (s 16(1)). If death occurs within the defined area, the corporation must provide the funeral benefit if asked (s 16(2)(a)). A corporation may extend its defined area by filing an approved notice with the registrar and publishing it twice in a newspaper circulating in the area (s 16(2)(b)). If death occurs outside the defined area the corporation may provide benefits subject to rules and agreement terms (s 16(2)(c)).
Surrender values and the State actuary: For agreements entered on or after the Act’s commencement, registered rules must state that where an agreement has been in force and contributions paid for at least three years, the contributor is entitled to a surrender value upon surrender of the agreement, and that the surrender value must be worked out by the State actuary (s 20). The registrar pays the surrender value from the fund to a relevant applicant on an approved-form application (s 17).
Certificates and claims documentation: When a contributor stops contributing yet has paid all contributions, the corporation must send a certificate in the approved form stating amount paid and benefits to which the contributor is entitled, and provide a copy to the registrar (s 15). For claims for funerals outside a corporation’s defined area, the corporation must submit a certificate signed by the funeral director and the corporation, and if the death occurred outside Queensland, a copy of the death certificate (s 18). Funding received from the registrar for funerals outside the defined area must be applied to pay the funeral director first (s 19).
Registrar as administrative decision‑maker: The regulation gives the registrar several roles, including receiving certificates (s 15), paying surrender values out of the fund on approved-form applications (s 17), receiving copies of audit reports (s 33), receiving notices of rule amendments (s 44, s 45), and receiving audit reports when a part 4 corporation stops business (s 37).
Penalty unit framework: The regulation uses a repeated maximum penalty of 1 penalty unit for many operational breaches, including failure to issue required certificates, maintain books and give auditors access (eg s 15, s 16, s 25, s 28, s 29, s 30, s 31, s 32, s 33). The regulation does not itself set the monetary value of a penalty unit; that value is fixed elsewhere.
These concepts interlock mechanically. Trust-account recordkeeping and audits generate audit reports and evidence that feed the registrar’s oversight. Surrender values are centralised through the State actuary, and geographic service obligations are embedded in registered rules subject to registered notices and local publication. The result is a compliance architecture that prioritises traceability, third-party verification (auditors, actuary) and registrar oversight over flexibility in private contract terms.
Who it affects
Primary actors:
Registered corporations conducting funeral benefit businesses, including part 3 and part 4 corporations. The regulation repeatedly addresses "registered corporation" and distinguishes obligations by part. For example, s 32 imposes an annual audit requirement specifically on part 3 corporations, while s 22 prescribes documents for annual returns for part 4 corporations.
Contributors to funeral benefit agreements. Contributor-facing duties are set out in sections 15, 16 and 20. Contributors who stop making contributions but have paid all dues are entitled to receive a certificate from the corporation stating contributions paid and benefits entitled (s 15). Contributors to agreements entered on or after the Act’s commencement may be entitled to a surrender value after three years, computed by the State actuary (s 20), with payment made by the registrar to a relevant applicant (s 17).
Funeral directors. Funeral directors become evidentiary participants where funerals occur outside the corporation’s defined area, because claims on the fund require a certificate signed by the funeral director who provided the funeral, as well as by the corporation (s 18). Section 19 requires a corporation that receives funds from the registrar for out-of-area funerals to apply those funds to pay the funeral director for costs or unpaid balance.
Auditors. Auditors appointed by registered corporations are given detailed duties and constrained responsibilities. They must deliver an audit report in duplicate containing a prescribed set of particulars (s 33), make an unscheduled visit at least once yearly at least four months before the financial year end (s 34), and advise the registrar of specific matters including inability to certify proper keeping or irregularities (s 35). Auditors are also subject to a secrecy obligation preventing them from divulging information obtained in an audit, subject to the reporting duties to the registrar (s 38).
The registrar and the State actuary. The registrar is the central administrative decision-maker, receiving certificates and audit reports, making payments out of the fund (s 17), and receiving notices and applications (ss 16, 23, 44 to 46). The State actuary is the prescribed expert for working out surrender values for qualifying agreements (s 20).
Secondary and indirectly affected parties:
Persons who pay funeral costs or personal representatives. For payment of surrender values out of the fund, the regulation defines the "relevant applicant" as the person who has paid or is liable to pay the funeral costs of the deceased or the personal representative (s 17(4)). This makes unpaid funeral payors and estates direct potential recipients.
Small operators and local businesses running part-time or small-scale funeral benefit operations. The regulation requires keeping trust documents "at its registered office and every other place at which it conducts a funeral benefit business" (eg s 25(1), s 28(1), s 29(1), s 30(1)). Multiple-location requirements, machine-numbered receipts and frequent reconciliations can impose administrative burdens that scale with number of locations.
Local newspapers serving defined areas. The mechanism for extending a corporation’s defined area requires publishing an approved notice at least twice in a newspaper circulating in the area to be added (s 16(2)(b)). That imposes publication costs and creates a reliance on local media circulation.
Who pays and who decides:
Contributors supply funds into trust accounts. Corporations hold and manage those funds subject to trustee-like recordkeeping and audit obligations. Funeral directors are paid from trust or fund moneys when a corporation receives registrar funds for out-of-area funerals (s 19). The registrar decides on fund payments (s 17), approves notices for area extension (s 16(2)(b) requires approval and filing with the registrar), and receives audit notifications and reports (s 33, s 35, s 37). The State actuary decides the surrender-value calculation (s 20).
Enforcement targets:
The regulation’s enforcement scope focuses on corporate process and financial integrity. Most contraventions attract a uniform maximum penalty of 1 penalty unit, reflecting a regulatory emphasis on administrative compliance rather than substantial criminal exposure. The registrar has dispute resolution powers under the Act operationalised by this regulation (s 46), including prescribed forms, notices and awards.
Geographic and transitional scope:
Several provisions explicitly apply to corporations in respect of funeral benefit agreements entered into and in force immediately before commencement of a repealed provision (see ss 14, 24, 39). The regulation therefore operates both as the live rulebook for current registered corporations and as the transitional set of obligations for legacy agreements.
Key duties and rights
This section lists the operative duties placed on corporations, auditors and other actors, and the rights or entitlements recognised by the regulation, with section citations.
Corporate duties (recordkeeping and receipts)
Keep a trust account receipt book at the registered office and every business location where funeral benefit business is conducted, and record receipt of contributions or other moneys payable under the Act into the trust account (s 25(1)). Receipt forms must be consecutively machine numbered (s 25(2)). Issue a receipt immediately on receipt of money (s 25(3)) and keep a copy (s 25(4)). Maximum penalty,1 penalty unit for each failure (s 25).
Alternatively, use an accounting device to give receipts, provided the receipt is given immediately, multiple copies are printed, audit strips are pasted in a maintained book if a cash register or accounting machine is used, and triplicates are kept if printed in triplicate (s 26).
Ensure receipts are titled "Funeral Benefit Business Act 1982" and include prescribed particulars, including corporation name with the correct fund descriptor, date, contributor name, type and amount of contribution, and signature of the person giving the receipt (s 27).
Keep a trust account bank deposit book at the registered office and every other business place, with loose-leaf pages securely filed if used, and make copies when entering particulars of monies to be banked (s 28). Keep a trust account cash book at each location and immediately enter particulars of all money received and payments made in relation to the funeral benefit business (s 29(2)). Ensure the cash book records all transactions with a financial institution under "Receipts" and "Payments" headings (s 29(3)), and reconcile monthly with the financial institution’s balance and record the reconciliation (s 29(4)).
Maintain a trust account ledger at each relevant place and ensure all entries in the cash book are immediately entered in the ledger (s 30).
Keep full and accurate accounts of all money received and payments made for transactions under the Act, and do all necessary things to enable auditability including maintaining accounts and records that can be conveniently and properly audited (s 31(a) and (b)). Maintain a separate book or register detailing the number and serial numbers of trust account receipt books obtained and held during the audit period (s 31(c)).
Audit duties and auditor interactions
Part 3 corporations must ensure their benefits trust fund is audited at least once a year (s 32). An appointed auditor must give a report in duplicate to the corporation signed by the auditor (s 33(1)). The report must include specific particulars set out in s 33(2), including reconciliations, holdings, whether the trust account is properly kept, whether accounts have been overdrawn, and the number and serial numbers of trust receipt books.
Auditors must perform an unscheduled visit to examine the trust account at least once each financial year, and the visit must occur at least four months before the end of the financial year, unless the corporation was registered for less than six months (s 34).
Auditors must promptly advise the registrar if they cannot certify the account is properly kept, if they find irregularities on an unscheduled examination, or if they consider the registrar should be advised of any matter about the account (s 35). If an auditor requests to examine another account of the corporation and is refused, the auditor must promptly advise the registrar (s 36).
Auditors must not divulge information obtained in the course of an examination or audit to any person, subject to the reporting duties to the registrar (s 38).
Contributor and funeral service rights and entitlements
When a contributor stops contributing and has paid all contributions due, the corporation must promptly send a certificate in the approved form to the contributor at the contributor’s last known address stating the amount of contributions paid and the benefits to which the contributor is entitled, and give a copy to the registrar (s 15).
Registered rules must define the geographical area in which the corporation will provide funeral benefits and must include provisions that require the corporation to provide a funeral benefit when a person entitled dies within the defined area, subject to rules and terms agreed between corporation and contributor (s 16(1) and (2)(a)). The corporation may extend the defined area by an approved notice filed with the registrar and published at least twice in a local newspaper (s 16(2)(b)). If the death happens outside the defined area, the corporation may provide a funeral benefit if asked and subject to the rules and agreement terms (s 16(2)(c)).
For agreements entered into on or after the Act’s commencement, if the agreement has been in force for at least three years and at least three years contributions have been paid, a surrender value must be paid to a contributor who surrenders the agreement, and the surrender value must be worked out by the State actuary (s 20). A relevant applicant (person who paid or is liable to pay funeral costs, or personal representative) may apply in an approved form to the registrar for payment of the surrender value, and the registrar must pay the surrender value out of the fund to the relevant applicant (s 17).
Claims and payment sequencing
When a corporation claims an amount from the fund for a funeral provided outside its defined area, it must give the registrar a certificate in the approved form signed by the funeral director who provided the funeral and the corporation, and if the death occurred outside Queensland, a copy of the death certificate (s 18).
Funds received from the fund for funerals provided outside the corporation’s defined area must be applied by the corporation to pay the funeral director for the whole, or the unpaid balance, of the cost of the funeral; any remaining amount must be paid to the person who paid part or all of the funeral cost to the funeral director (s 19).
Registrar and administrative duties
The registrar must give written notice of decisions on extension applications for annual return lodging periods, and must receive audit reports, copies of certificates, and filings required for the extension of defined area notices and amendments to rules (ss 15, 16(2)(b), 23, 37, 44, 45).
Disputes under the Act may be referred to the registrar for settlement in an approved form, with the registrar required to forward copies of the application to other parties named and provide at least 14 days’ notice of hearing, and to issue awards in the approved form promptly to the parties (s 46).
Penalties and limits
Many operational duties carry a maximum penalty of 1 penalty unit, emphasising administrative enforcement (for example ss 15, 16, 25, 28, 29, 30, 31, 32, 33, 34, 37, 38). The regulation prescribes a benefit limit of $11,000 for the purpose of section 32(d) of the Act (s 40). Fees payable under the Act are those stated in schedule 1 (s 47), and s 47A prescribes rounding rules when fees are expressed in fee units.
Rights to confidentiality and audit protections
Auditors are given a secrecy duty prohibiting divulging information obtained during an audit (s 38). That duty sits alongside affirmative duties to notify the registrar in defined circumstances (ss 35 and 36). Contributors retain rights to certificates and in some cases surrender values, and persons who pay funeral costs have rights to apply for payments from the fund when appropriate (s 17).
Penalties and enforcement
Penalty structure
The regulation uses a consistent enforcement instrument in the form of criminal or quasi-criminal penalties expressed as a maximum of 1 penalty unit for a wide range of operational contraventions. These include failures to issue certificates to contributors (s 15), to define the service area in registered rules (s 16), to keep receipt books, deposit books, cash books and ledgers or to record required particulars (ss 25, 28, 29, 30), failures to maintain accounts enabling audit (s 31), failure to ensure benefits trust fund audits for part 3 corporations (s 32), failure to produce a proper audit report (s 33), failure to arrange and allow an unscheduled audit visit (s 34), failure to advise the registrar when the auditor cannot certify accounts or discovers irregularities (s 35), and failure to lodge final audit reports when a part 4 corporation stops business (s 37). The secrecy obligation on auditors (s 38) also attracts a maximum of 1 penalty unit.
The regulation does not itself set the dollar value of a penalty unit. That amount is determined elsewhere in the legislative framework. Because most contraventions carry only a 1 penalty unit cap, the immediate financial exposure for a single technical breach is bounded, though cumulative or repeated breaches could increase exposure and administrative consequences.
Administrative enforcement and audit-driven controls
The regulation relies heavily on audit‑driven, administrative enforcement rather than a heavy criminal regime. Auditors are central to detection and administrative escalation, with express duties to notify the registrar when they cannot certify that the trust account or funeral benefit business trust fund has been properly kept and is in order and correct, when they find irregularities on an unscheduled examination, or when the auditor considers the registrar should be advised of any matter (s 35). An auditor who is refused access to other corporate accounts that the auditor considers necessary must promptly advise the registrar (s 36). These provisions create an enforcement channel that routes concerns to the registrar.
The registrar is the administrative hub for enforcement. The regulator receives copies of certificates sent to contributors (s 15), receives audit reports (s 33), adjudicates dispute referrals under s 62 of the Act operationalised by s 46 of this regulation, and makes payments out of the fund for surrender values and similar claims (s 17). The registrar also receives filings when a corporation extends its defined area and must be given notice of applications for extensions of time to lodge annual returns (s 23).
Dispute resolution
The regulation prescribes procedural rules for dispute referrals to the registrar. Applications must be in the approved form, the registrar must forward a copy to each other named party, provide at least 14 days’ notice of hearing, and awards must be in approved form and promptly given to the parties (s 46). The regulation does not set out judicial appeal pathways or timeframes for appeals against registrar awards; those processes are governed by the underlying Act and general administrative law.
Enforcement levers and limits
The primary levers are audit, registrar oversight and relatively low monetary penalties per breach. The design suggests an enforcement model that emphasises remediation and administrative correction (through registrar actions and audit reports) rather than high-dollar fines or criminal sanctions. That model relies on the capacities and incentives of auditors and the registrar to detect, escalate and remediate misconduct or bookkeeping failures.
Practical enforcement risks and implementation burdens
The regulation’s enforcement model places significant transactional burden on corporations: maintaining books at every business location, furnishing duplicates and triplicates, performing monthly reconciliations, and supporting unscheduled audits. Non-compliance is detectable through audit processes, and auditors are required to escalate to the registrar. Corporations that operate with limited administrative resources face heightened risk of procedural breaches, exposure to registrar actions, and reputational consequences. Conversely, the relatively low single-incident monetary cap may mean that civil or commercial remedies, or de-registration risks under the Act, become more consequential enforcement outcomes than the statutory penalty amount alone.
The regulation centralises certain decisions with public officials, notably surrender-value calculations with the State actuary (s 20) and payments made by the registrar out of the fund (s 17). That centralisation creates implementation dependencies on public administrative capacity and timing, which can affect beneficiaries and funeral directors awaiting payment for out-of-area services under s 19.
How it interacts with other laws
Links to the Funeral Benefit Business Act
The regulation is a subordinate instrument designed to operationalise and prescribe matters under the Funeral Benefit Business Act. Multiple sections explicitly reference the Act and supply details required by particular Act provisions. For example, the documents that must accompany annual returns are prescribed for the purposes of section 19(1) and section 42(1) of the Act (ss 21 and 22). The application for payment of benefits under section 16(3) of the Act is prescribed in s 17 of the regulation. Dispute referral under section 62(1) of the Act is operationalised by s 46. The regulation therefore functions as the Act’s procedural and technical specification layer.
Interaction with financial and auditing law
The regulation imposes accounting and auditing rules, but it does so within the statutory auditing framework. Auditors must produce reports in duplicate and include specified particulars relevant to trust accounts and investments (s 33). The regulation interacts with professional auditing standards implicitly by prescribing procedural outputs and duties to notify the registrar of irregularities (ss 33, 35, 36). The auditor secrecy duty (s 38) sits alongside auditor reporting obligations to the registrar, and those duties must be interpreted and applied in light of general obligations applicable to auditors under other laws and professional standards.
Acts Interpretation and penalty unit frameworks
The regulation uses penalty units and expressly sets rounding rules for fees expressed as numbers of fee units, referencing the Acts Interpretation Act 1954, section 48C(3), in s 47A. That means fee calculations, when expressed in fee units, are to be rounded to the nearest 5 cents for amounts not more than $100, or to the nearest 10 cents for amounts over $100 but not more than $1,000. The monetary value and administration of penalty units are governed by the wider jurisdictional penalty-unit provisions and financial regulation.
Interaction with registrars and publication law
The regulation requires publication of notices extending the defined area in a newspaper circulating in the area (s 16(2)(b)). That requirement interacts with media circulation realities and any laws governing public notices and electronic publication. The regulator’s approval and the requirement to file the notice with the registrar create an administrative gatekeeping step that interfaces with administrative law principles governing approval decisions.
Transitional and repeals
The regulation repeals the Funeral Benefit Business Regulation 2000 (s 48). Transitional provisions continue extant certificates and extensions given under the repealed regulation where appropriate (s 49 and s 50). Several provisions expressly apply to funeral benefit agreements entered and in force immediately before the commencement of the repealed section 139 of the Second-hand Dealers and Pawnbrokers Act 2003, indicating an interaction with historical legislative changes and repeals (ss 14, 24, 39).
Other statutes
The regulation’s use of auditors, actuaries and registrars may interact with corporate law and trust law principles, although the regulation itself creates specific statutory duties. For example, corporations holding funds for contributors are required to maintain trust accounts and apply funds in particular sequences (s 19). Those statutory rules may sit alongside or supplement general trust law obligations that apply to the corporation in its fiduciary capacity; the regulation specifies administrative and application rules without attempting to displace general law where the Act and regulation are silent.
Administrative law and review
Decisions by the registrar, such as approval of area extension notices, decisions on extension of annual return lodgement periods, payment of surrender values, and dispute awards, will sit within the administrative law framework. The regulation specifies procedural formalities for these processes (for example, timeframes, approved forms, notices), but it does not set out judicial review or appeal mechanisms. Those remedies and pathways will be governed by the Act and general administrative law principles.
Amendment history
Documented amendments and repeals in the regulation’s text
Repeals and omissions recorded: Sections 3 to 13 are shown as omitted by 2013, SL No. 140, s 3. The regulation explicitly repeals the Funeral Benefit Business Regulation 2000 in section 48.
Specific amendment citations: The text records that sections 17, 18 and 19 were amended by 2013, SL No. 140, with the citation s 17 amd 2013 SL No. 140 s 4 (for s 17), s 18 amd 2013 SL No. 140 s 5 (for s 18), and s 19 amd 2013 SL No. 140 s 6 (for s 19). These amendments suggest the regulation has been adjusted in 2013 to alter the procedural content of those provisions, although the regulation text provided does not include the pre‑amendment wording for direct comparison.
Rounding rule insertion: Section 47A, which prescribes rounding rules for fees expressed as numbers of fee units, was inserted in 2022, cited as s 47A ins 2022 SL No. 79 s 72. The section explains rounding to nearest 5 cents for amounts not over $100 and nearest 10 cents for amounts over $100 but not over $1,000, and gives an explicit example demonstrating the application.
Transitional carry‑over: Transitional provisions (ss 49 and 50) preserve certain past compliance: s 49 provides that s 15 (certificate of contributions paid) does not apply to contributors who stopped paying before commencement where the corporation had complied with s 15 of the repealed regulation. Section 50 continues existing extensions of time to lodge an annual return granted under the repealed regulation until the end of their unexpired term.
What the amendment notes imply mechanically
The omitted sections 3 to 13 indicate a pruning of early regulatory material in 2013. The presence of amendment notes for ss 17 to 19 in 2013 suggests targeted changes around payment applications, evidence for claims outside the defined area, and application of funds to funeral directors. The 2022 insertion of s 47A indicates a later, specific policy decision to remove fractional rounding uncertainty in fee calculation where fee units and statutory indexing produce fractional dollar amounts.
Limitations in the provided text
The regulation text supplied contains the amendment citations but not the pre-amendment text or an explanatory memorandum. Therefore a full chronology of legislative policy shifts and the substantive reasons behind amendments cannot be reconstructed from this text alone. The recorded amendment citations are the primary evidence of change within the instrument.
Practical effect of amendments
The 2013 amendments to ss 17 to 19 appear directed at clarifying documentation and payment mechanics for out-of-area funerals and registrar payments, while the 2022 insertion of s 47A clarifies rounding practice for fees calculated using fee units and links to the Acts Interpretation Act rounding rule. Practitioners should check the formal consolidated statute and the relevant SL notices for the precise historical amendments and any explanatory materials that accompanied those SL instruments to understand policy intent and transitional handling.
Litigation history
Regulation text and named cases
The regulation text supplied does not name any cases, nor does it include any judicial decisions or references to case law. There are no citations to judicial determinations within the regulation’s provisions.
Administrative dispute mechanism as an alternative to litigation
The regulation prescribes an administrative dispute referral and resolution mechanism via the registrar. Section 46 sets out the application form requirement, forwarding of copies to parties, minimum 14 days’ notice of hearing, and that awards must be in an approved form and promptly given to the parties. That structure suggests many disagreements between contributors, corporations and other parties are intended to be resolved administratively rather than by immediate court action, although the regulation does not exclude judicial review or civil litigation options available under the Act or general law.
Implications for litigation and judicial review
Because the regulation concentrates administrative responsibilities with the registrar and prescribes auditor notification duties, contested matters may produce administrative decisions that are amenable to judicial review under administrative law. Possible litigation lines where disputes could arise include: whether a surrender value was correctly calculated by the State actuary under s 20, whether a corporation properly applied funds received from the fund to pay a funeral director pursuant to s 19, or whether a registrar award under s 46 was made lawfully. The regulation itself does not describe appeal or review pathways; practitioners should consult the underlying Act and general administrative law remedies for specifics.
Practical absence of reported cases in the regulation
The absence of cases or litigation references in the provided regulation text means that, within this instrument, there is no recorded judicial interpretation to guide close questions of statutory meaning or procedural dispute. Practitioners needing precedential guidance will need to search court databases, tribunal decisions and administrative determinations external to this regulation to locate decisions addressing operational conflicts under the Funeral Benefit Business Act and its regulation.
Recommendation for due diligence
Because the regulation places heavy reliance on auditors and the registrar, and because its enforcement model is administrative, counsel and compliance officers should monitor registrar decisions, audit reports, and any tribunal or court decisions that arise under the Act. Those materials will form the practical litigation history and interpretative guide absent any cases cited by the regulation itself.
Gotchas
Strict timing and form requirements
Many obligations are time-bound and form-specific. An extension request for lodging annual returns must be made in writing and received by the registrar within four months after the end of the financial year (s 23(2)). Dispute referral requires the approved form and the registrar must give parties at least 14 days’ notice of a hearing (s 46(1) and (3)). The requirement that an unscheduled audit visit take place at least four months before the end of each financial year (s 34(3)) creates a specific scheduling window for auditors and corporations that must be observed.
Machine-numbered receipts and accounting-device constraints
Receipts must be machine-numbered and titled precisely as required, and must include exact particulars (s 25(2), s 27). While accounting devices are permitted, they must print multiple copies, have audit strips pasted in a maintained book when appropriate, and have triplicates preserved where printed (s 26). Failure to follow these technical steps risks contravening multiple sections that each attract a maximum penalty of 1 penalty unit.
Multiple-location recordkeeping
The regulation requires trust-account books, deposit books, cash books and ledgers at the registered office and at every other place at which the funeral benefit business is conducted (ss 25, 28, 29, 30). For operators with multiple premises, this multiplies the recordkeeping and reconciliation workload and creates multiple points of potential non-compliance.
Serial-number register and audit evidence obligations
Corporations must keep a separate book or register detailing the number of trust account receipt books obtained and the serial numbers of receipt forms for the audit period (s 31(c)). Auditors must be produced with the previous audit report given by the former auditor (s 31(d)). Failure to retain these items can compromise the auditor's ability to reach a clean opinion and provoke mandatory notification to the registrar under s 35 or s 36.
Surrender-value mechanics and third-party timing risk
For agreements that qualify, the surrender value must be worked out by the State actuary (s 20). This centralises valuation with a government expert, which may be slower than a market-based calculation and could produce delays and administrative queries for contributors surrendering agreements. Practitioners should anticipate procedural time taken by actuarial calculation and registrar payments under s 17.
Defined area extension requires local publication and registrar filing
Extending the defined area requires an approved notice filed with the registrar and published at least twice in a newspaper circulating in the area to be added (s 16(2)(b)). Small operators extending areas risk missing publication or filing steps, which would leave their registered rules inconsistent with practice and could affect entitlement to provide benefits in the extended area.
Out-of-area funeral claims require dual certification and possibly death certificate
Claims on the fund for funerals provided outside the corporation’s defined area require a certificate in the approved form signed by the funeral director and the corporation (s 18(a)). If the death occurred outside Queensland, a copy of the death certificate must be provided (s 18(b)). Missing signatures or documents will likely delay payments and create reconciliation issues when paying funeral directors under s 19.
Uniform low penalty unit but regulatory consequences may be larger
Many breaches attract only a single penalty unit maximum. While that limits immediate monetary exposure, the practical consequences include audit qualifications, registrar interventions, reputational damage, possible suspension or de-registration under the Act, and costs to correct records. Do not treat the low statutory fine as an invitation to lax recordkeeping.
Auditor secrecy juxtaposed with mandatory reporting
Auditors are prohibited from divulging information obtained in an audit (s 38) but must promptly notify the registrar of specific adverse findings (ss 35 and 36). Ensure that auditor engagement letters and corporate recordkeeping accommodate both duties so that confidential client materials are handled in a way that does not obstruct mandatory registrar reporting.
Registrar payments and application of funds to funeral directors
When the registrar pays an amount from the fund to a corporation for an out-of-area funeral, the corporation must first apply each amount received to paying the funeral director for the whole or unpaid balance, and only then pay any remainder to the person who paid the funeral director (s 19). Misapplication can expose the corporation to audit exceptions and registrar or creditor claims.
Fees and rounding rules
Fees are stated in schedule 1 (s 47), which is not contained in the provided text. Section 47A sets rounding rules when fees are expressed in fee units, and was inserted in 2022 (s 47A). If fees are expressed in fee units, practitioners must apply the rounding rules to ensure accurate payment amounts.
Transitional traps
Section 49 excludes application of s 15 to contributors who stopped contributing before the commencement of the section where the corporation complied with s 15 of the repealed regulation. Corporations must check whether certificates were issued under the previous regulation to avoid duplicative or inconsistent obligations. Section 50 preserves extant extensions of time to file annual returns granted under the repealed regulation until their unexpired term ends.
Audit logistics and evidence production
Auditors must be provided with trust account books, accounts, records, contracts, agreements and other documents necessary to enable auditing (s 31(e)). If the auditor asks to examine other corporate accounts and is refused, the auditor must advise the registrar (s 36). Corporations should have documented policies and a central document repository to produce requested materials promptly.
How to comply
Practical compliance checklist, mapped to sections
Registered rules and defined area (s 16)
Ensure registered rules explicitly define the geographic area in which the corporation will provide funeral benefits.
Include rule provisions that commit the corporation to provide benefits when death occurs within the defined area, and specify discretion if death occurs outside the defined area.
If considering extending the defined area, prepare an approved-form notice, file it with the registrar and publish it at least twice in a newspaper circulating in the area proposed for extension, retaining proof of publication.
Contributor certificates and surrender values (ss 15, 17, 20)
When a contributor stops contributing and all contributions are paid, promptly send the approved-form certificate to the contributor’s last known address and give a copy to the registrar (s 15).
For agreements entered on or after the Act’s commencement, comply with registered-rule requirements that surrender values be payable after three years of an agreement in force with three years’ contributions, and arrange to engage the State actuary for valuation as required (s 20).
Be ready to accept approved-form applications from relevant applicants (person who paid funeral costs or personal representative) and coordinate with the registrar for payment of surrender value from the fund (s 17).
Receipts, accounting devices and registers (ss 25 to 27, 31(c))
Keep a trust account receipt book at the registered office and every business location, ensure receipt forms are consecutively machine-numbered and titled "Funeral Benefit Business Act 1982", and that each receipt contains the prescribed particulars (s 25(1)-(3), s 27).
If using an accounting device, ensure it prints multiple copies, that receipts are issued immediately on receipt, and preserve audit strips or triplicate copies as required (s 26).
Maintain a register of receipt books and serial numbers for auditor inspection (s 31(c)).
Trust account bank deposit book, cash book and ledger (ss 28 to 30)
Keep a trust account bank deposit book at the registered office and all business locations and securely file any loose-leaf pages (s 28).
Maintain a trust account cash book that records immediately all receipts and payments, with a separate "Receipts" and "Payments" heading reflecting bank transactions (s 29).
Reconcile the cash book monthly with the financial institution’s balance in the approved form and enter the reconciliation in the cash book (s 29(4)).
Ensure immediate posting from the cash book to the trust account ledger at each location (s 30(2)).
Audit arrangements (ss 32 to 34, 37)
Engage a qualified auditor to audit the benefits trust fund at least annually if you are a part 3 corporation (s 32).
Require the auditor to perform an unscheduled examination at least once per financial year, occurring at least four months before the financial year end (s 34).
Ensure the auditor prepares and delivers an audit report in duplicate containing the prescribed particulars (s 33).
If stopping a funeral benefit business or ceasing registration as a part 4 corporation, arrange within two months for a final audit of the trust account covering the outstanding period and forward the audit report to the registrar (s 37).
Auditor cooperation and mandatory notifications (ss 31(d), 35, 36)
Provide the auditor with the previous audit report as required (s 31(d)).
Produce all trust account books, records, contracts and documents necessary for the audit promptly when requested (s 31(e)).
If the auditor advises of irregularities or inability to certify, or is refused access to additional accounts required for audit, cooperate with the registrar and respond to any queries (ss 35, 36).
Claims and payments for out-of-area funerals (ss 18, 19)
For claims on the fund for funerals provided outside the corporation’s defined area, obtain an approved-form certificate signed by both the funeral director and the corporation and, if the death occurred outside Queensland, include a copy of the death certificate (s 18).
When the corporation receives a payment from the fund for an out-of-area funeral, promptly apply it to pay the funeral director for the whole or unpaid balance of the funeral cost, and pay any remaining balance to the person who paid the funeral director (s 19).
Annual returns, audit reports and extension requests (ss 21 to 23)
Ensure annual returns are accompanied by the prescribed documents: benefits trust fund account, statement of balances with contributor names and amounts, and the audit report under s 33 for part 3 corporations (s 21). Part 4 corporations have their own prescribed document list in s 22.
If requesting an extension to lodge annual returns, apply in writing and ensure the registrar receives the application within four months after the end of the financial year; expect written notice of the registrar’s decision (s 23).
Registers and contributor particulars (ss 41, 42)
In the register of contributors, enter the name and address of the contributor’s next of kin or nominated contact, particulars of amounts and dates of contributions and payments, particulars of value of service provided and dates services were provided (s 41).
If a contributor has fully paid contributions, record that fact and the date fully paid (s 42).
Fees and rounding (ss 47, 47A)
Consult schedule 1 for the fees payable under the Act (s 47). Apply the rounding rules in s 47A when fees are expressed in fee units in order to produce the correct dollar amount.
Operational measures and controls
Centralised document repository. Maintain an electronic and physical repository indexed to audit periods that contains receipt book serial number registers, copies of all receipts and deposit slips, monthly bank reconciliations, previous and current audit reports, contracts and individual contributor records.
Engagement letters and auditor instructions. Prepare clear auditor engagement letters that make explicit the requirement for an unscheduled visit at least four months before year end, the need to provide the previous auditor’s report, and the corporation’s obligation to provide all documents requested.
Standard operating procedures for out-of-area funerals. Prepare a checklist for claims under s 18 requiring signatures from the funeral director and corporation, and (if applicable) a copy of the death certificate for interstate deaths, to avoid payment delays.
Compliance calendar. Maintain a compliance calendar that includes monthly bank reconciliations, timing of unscheduled audit visit windows, deadlines for annual return lodgement, and the four-month window for extension applications.
Staff training. Train front-line staff in immediate receipt issuance requirements and retention of receipt copies, and train administrative staff on maintaining serial-number logs for receipt books.
Liaise with the State actuary early. For surrender-value enquiries or notices under s 20, engage with the registrar and the State actuary early to understand timing and documentation needs so contributors are not given inaccurate timelines.
Publication proofing for area extensions. When extending the defined area, retain certified copies of newspaper publications and the filed notice lodged with the registrar to evidence compliance with s 16(2)(b).
Record retention and evidence
Retain all trust account, receipt, reconciliation, deposit and audit records for periods that align with audit cycles and any statutory retention requirements under other applicable law, because auditors are required to be produced with historical audit reports and records (s 31).
By mapping duties to the relevant sections and applying a disciplined operations plan that combines a compliance calendar, document repository, audit-ready processes, and early engagement with the State actuary and registrar, a registered corporation will address the central operational obligations imposed by the regulation and reduce the risk of audit qualifications, registrar actions or procedural penalties.
(a) send to the contributor at the contributor’s last known address a certificate— (i) in the approved form; and (ii) stating the amount of contributions paid by the contributor; and (iii) stating the benefits to which the contributor is entitled; and
(i) in the approved form; and
(ii) stating the amount of contributions paid by the contributor; and
(iii) stating the benefits to which the contributor is entitled; and
(b) give a copy of the certificate to the registrar.
(i) in the approved form; and
(ii) stating the amount of contributions paid by the contributor; and
(iii) stating the benefits to which the contributor is entitled; and
sec.16 Defined area
sec.16 Defined area
A corporation must ensure that its registered rules define an area ( defined area ) in which the corporation will provide a funeral benefit for a contributor or other person entitled to a funeral benefit under an agreement with the corporation.
Maximum penalty—1 penalty unit.
A corporation must ensure that its registered rules include provisions to the following effect—
if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person;
the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice;
if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person.
Maximum penalty—1 penalty unit.
(sec.16-ssec.1) A corporation must ensure that its registered rules define an area ( defined area ) in which the corporation will provide a funeral benefit for a contributor or other person entitled to a funeral benefit under an agreement with the corporation. Maximum penalty—1 penalty unit.
(sec.16-ssec.2) A corporation must ensure that its registered rules include provisions to the following effect— if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person; the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice; if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person. Maximum penalty—1 penalty unit.
(a) if a contributor or other person for whom or on whose behalf contributions have been made dies in the defined area, the corporation must, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person;
(b) the corporation may, by notice approved by and filed with the registrar and published at least twice in a newspaper circulating in the area defined in the notice, notify that the defined area is extended to include the area stated in the notice;
(c) if a contributor or other person for whom or on whose behalf contributions have been made dies outside the defined area, the corporation may, if asked by a person and subject to the rules and any terms agreed between the corporation and the contributor, provide a funeral benefit for the deceased person.
sec.17 Application for payment of benefit— Act , s 16 (3)
sec.17 Application for payment of benefit— Act , s 16 (3)
This section applies to an application under section 16 (3) of the Act .
The application must be in the approved form and be made by a relevant applicant.
The registrar must pay out of the fund to the relevant applicant the surrender value of the benefit provided by the corporation.
In this section—
relevant applicant means—
the person who has paid or is liable to pay the funeral costs of the deceased person; or
the personal representative of the deceased person.
s 17 amd 2013 SL No. 140 s 4
(sec.17-ssec.1) This section applies to an application under section 16 (3) of the Act .
(sec.17-ssec.2) The application must be in the approved form and be made by a relevant applicant.
(sec.17-ssec.3) The registrar must pay out of the fund to the relevant applicant the surrender value of the benefit provided by the corporation.
(sec.17-ssec.4) In this section— relevant applicant means— the person who has paid or is liable to pay the funeral costs of the deceased person; or the personal representative of the deceased person.
(a) the person who has paid or is liable to pay the funeral costs of the deceased person; or
(b) the personal representative of the deceased person.
sec.18 Claims for funeral benefits provided outside defined area
sec.18 Claims for funeral benefits provided outside defined area
A corporation must, when making a claim on the fund for a funeral benefit provided outside the corporation’s defined area, give to the registrar—
a certificate in the approved form signed by—
the funeral director who provided the funeral; and
the corporation; and
if the death happened outside Queensland—a copy of the certificate of death of the person for whom service was provided.
s 18 amd 2013 SL No. 140 s 5
(a) a certificate in the approved form signed by— (i) the funeral director who provided the funeral; and (ii) the corporation; and
(i) the funeral director who provided the funeral; and
(ii) the corporation; and
(b) if the death happened outside Queensland—a copy of the certificate of death of the person for whom service was provided.
(i) the funeral director who provided the funeral; and
(ii) the corporation; and
sec.19 Corporation to apply money to pay funeral director
sec.19 Corporation to apply money to pay funeral director
This section applies to a corporation that received an amount from the fund for a funeral benefit provided outside the corporation’s defined area.
The corporation must apply each amount received to pay the funeral director who provided the funeral for the whole, or the unpaid balance, of the cost of the funeral.
Any amount remaining must be paid by the corporation to the person who paid part or all of the cost of the funeral to the funeral director.
s 19 amd 2013 SL No. 140 s 6
(sec.19-ssec.1) This section applies to a corporation that received an amount from the fund for a funeral benefit provided outside the corporation’s defined area.
(sec.19-ssec.2) The corporation must apply each amount received to pay the funeral director who provided the funeral for the whole, or the unpaid balance, of the cost of the funeral.
(sec.19-ssec.3) Any amount remaining must be paid by the corporation to the person who paid part or all of the cost of the funeral to the funeral director.
sec.20 Rules relating to certain agreements
sec.20 Rules relating to certain agreements
A corporation must state in its registered rules that for an agreement entered into with a contributor on or after the commencement of the Act —
if the agreement remains in force for at least 3 years and at least 3 years contributions have been paid under the agreement—a surrender value must be paid to the contributor if the contributor surrenders the agreement; and
the surrender value must be worked out by the State actuary.
Maximum penalty—1 penalty unit.
(a) if the agreement remains in force for at least 3 years and at least 3 years contributions have been paid under the agreement—a surrender value must be paid to the contributor if the contributor surrenders the agreement; and
(b) the surrender value must be worked out by the State actuary.
pt.4 Annual returns for registered corporations
Annual returns for registered corporations
sec.21 Documents to accompany annual returns for part 3 corporation— Act , s 19 (1)
sec.21 Documents to accompany annual returns for part 3 corporation— Act , s 19 (1)
The following documents are the prescribed documents that must accompany the annual return required under section 19 (1) of the Act —
a copy of the corporation’s benefits trust fund account showing particulars of receipts and payments received or made during the financial year;
a statement of the balance of the corporation’s benefits trust fund as at the end of the financial year showing the names of all persons on whose behalf moneys are held and the amount held for each person;
a copy of the audit report under section 33 .
(a) a copy of the corporation’s benefits trust fund account showing particulars of receipts and payments received or made during the financial year;
(b) a statement of the balance of the corporation’s benefits trust fund as at the end of the financial year showing the names of all persons on whose behalf moneys are held and the amount held for each person;
(c) a copy of the audit report under section 33 .
sec.22 Documents to accompany annual returns for part 4 corporation— Act , s 42 (1)
sec.22 Documents to accompany annual returns for part 4 corporation— Act , s 42 (1)
The following documents are the prescribed documents that must accompany the annual return required under section 42 (1) of the Act for a part 4 corporation—
a copy of the audit report under section 33 ;
for its funeral benefit business trust fund account—a copy of the funeral benefit business trust fund account showing particulars of receipts and payments received or made during the financial year;
for its funeral benefit business trust fund—
a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and
a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
(a) a copy of the audit report under section 33 ;
(b) for its funeral benefit business trust fund account—a copy of the funeral benefit business trust fund account showing particulars of receipts and payments received or made during the financial year;
(c) for its funeral benefit business trust fund— (i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and (ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
(i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and
(ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
(i) a copy of the funeral benefit business trust fund showing particulars of transfers into or out of that fund during the financial year; and
(ii) a statement of the corporation’s investments for the funeral benefit business at the end of the financial year.
sec.23 Extension of period for lodging annual return
sec.23 Extension of period for lodging annual return
This section applies to a corporation requesting an extension under section 19 or 42 of the Act of the time within which to lodge its annual return.
The corporation must apply for the extension in writing and the application must be received by the registrar within 4 months after the end of the financial year.
The registrar must give the corporation written notice of the registrar’s decision on the application.
(sec.23-ssec.1) This section applies to a corporation requesting an extension under section 19 or 42 of the Act of the time within which to lodge its annual return.
(sec.23-ssec.2) The corporation must apply for the extension in writing and the application must be received by the registrar within 4 months after the end of the financial year.
(sec.23-ssec.3) The registrar must give the corporation written notice of the registrar’s decision on the application.
pt.5 Accounts and funds for registered corporations
Accounts and funds for registered corporations
sec.24 Application of pt 5
sec.24 Application of pt 5
This part applies to a registered corporation in relation to funeral benefit agreements entered into by the corporation and in force immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003 , repealed section 139 .
The repealed section 
This is an opening excerpt, not the complete document.