53Costs recoverable by undertaker where funeral service to be supplied under pre-paid contract

#### 53 Costs recoverable by undertaker where funeral service to be supplied under pre-paid contract 53 Costs recoverable by undertaker where funeral service to be supplied under pre-paid contract > > (1) A person who supplies a funeral service to any person with whom the person has entered into a pre-paid contract, is not entitled to recover in any court any charges for the service from any person other than the pre-paid funeral fund or other person holding the trust funds under the contract unless— > > > > > (a) the service so supplied was different from or included a service additional to the service that the person had agreed to supply under the contract, > > > > > (b) the person who agreed to the different or additional service had, before agreeing thereto, signed a statement to the effect that the person was aware that the deceased was entitled to be supplied without cost with the service specified in the contract but that the person agreed to the different or additional service, and > > > > > (c) the charges for the service so supplied are reduced by the amount paid or to be paid to the person from the trust funds under the pre-paid contract. > > > (2) A person shall not demand payment for any charge which the person is not entitled to recover under subsection (1). > > > > Maximum penalty—10 penalty units. > > **s 53:** Am 1992 No 112, Sch 1.