40Payment of money and giving of consideration under pre-paid contract to pre-paid funeral fund

#### 40 Payment of money and giving of consideration under pre-paid contract to pre-paid funeral fund 40 Payment of money and giving of consideration under pre-paid contract to pre-paid funeral fund > > (1) A person shall not agree to supply any funeral service under a pre-paid contract unless the money to be paid, or other valuable consideration to be given, under the contract is required to be paid or given (in accordance with the regulations, if any) to a pre-paid funeral fund which has entered into an agreement with that person to act as trustee of that money or other valuable consideration. > > > > Maximum penalty—20 penalty units. > > > (2) Without limiting the application of subsection (1), that subsection applies to a person who agrees to supply a funeral service in New South Wales under a pre-paid contract, notwithstanding any provision to the contrary in that contract. > > > (3) A reference in subsection (1) to a pre-paid funeral fund includes a reference to a person who is exempt from the application of section 34. > > > (4) This section does not apply to a Crown cemetery operator that agrees to supply a funeral service under a pre-paid contract. > > **s 40:** Am 1992 No 112, Sch 1; 2003 No 61, Sch 1 \[31\]; 2016 No 60, Sch 2.4 \[7\]; 2017 No 17, Sch 4.38 \[2\].