NSWIn ForceAct
Funeral Funds Act 1979
76Appeal against direction to transfer or refusal to confirm transfer or amalgamation in respect of funeral contribution fund
Start here
Get a plain-English read of 76
Turn the raw legal text into a practical explanation grounded in Funeral Funds Act 1979.
#### 76 Appeal against direction to transfer or refusal to confirm transfer or amalgamation in respect of funeral contribution fund
76 Appeal against direction to transfer or refusal to confirm transfer or amalgamation in respect of funeral contribution fund
> > (1) Where the Secretary—
> >
> > > (a) refuses to confirm a scheme for transfer or amalgamation by a funeral contribution fund under section 32, or
> >
> > > (b) directs a funeral contribution fund to transfer its contributory funeral benefit business under section 33,
> >
> > an appeal against that refusal or direction, as the case may be, may be made to the Supreme Court by the fund.
>
> > (2) On hearing an appeal under subsection (1) (a), the Supreme Court may make an order—
> >
> > > (a) confirming the refusal of the Secretary, or
> >
> > > (b) directing the Secretary to confirm the scheme for transfer or amalgamation, either without modification or subject to such modifications as the Court considers appropriate.
>
> > (3) On hearing an appeal under subsection (1) (b), the Supreme Court may make an order—
> >
> > > (a) confirming the direction if it is satisfied that there are sufficient grounds to wind up the fund, or
> >
> > > (b) revoking the direction if it is not so satisfied.
>
> > (4) Where a funeral contribution fund lodges an appeal under subsection (1) (b) the direction shall be deemed to be suspended until such time as the appeal is dealt with or withdrawn.
>
> > (5) Where the Supreme Court makes an order under subsection (2) or (3), it may make such other ancillary orders as it considers appropriate having regard to the circumstances of the case.