109Failure to pay instalments

#### 109 Failure to pay instalments 109 Failure to pay instalments > > (1) Where the amount of the appropriate transfer of contributions by an existing funeral contribution fund or an instalment of that amount is not paid to the funeral contribution fund to which the contributory funeral benefit business of that existing fund is transferred, that amount, including any increase of that amount under section 108 (1) but not including any instalment of that amount already paid, may be recovered in any court of competent jurisdiction as a debt due by the existing fund to the fund to which it is to be paid. > > > (2) An existing funeral contribution fund, or a director or other officer of a funeral contribution fund— > > > > > (a) who fails to take all reasonable steps to ensure that the payment of an amount or instalment referred to in subsection (1) is made, or > > > > > (b) whose wilful act or omission results in that amount or instalment not being paid or recovered, > > > > is guilty of an offence and liable to a penalty not exceeding 10 penalty units. > > **s 109:** Am 1992 No 112, Sch 1.