NSWIn ForceAct
Funeral Funds Act 1979
77Appeal against refusal to register pre-arranged funeral fund or decision to cancel that registration etc
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#### 77 Appeal against refusal to register pre-arranged funeral fund or decision to cancel that registration etc
77 Appeal against refusal to register pre-arranged funeral fund or decision to cancel that registration etc
> > (1) Where the Secretary—
> >
> > > (a) refuses under section 37 to register a person to act as trustee or trustees of trust funds under pre-paid contracts,
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> > > (b) refuses under section 38 to confirm the appointment of an individual as a trustee, or
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> > > (ba) refuses under section 39A (3) to exempt a person registered under that section from complying with a provision of this Act or the regulations, or
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> > > (c) cancels the registration of a pre-paid funeral fund under section 39 (subsection (1) (c) excepted),
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> > an appeal against that refusal or cancellation may be made to the Supreme Court by the person concerned.
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> > (2) On hearing an appeal under subsection (1) (a) or (b), the Supreme Court may make an order—
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> > > (a) confirming the refusal of the Secretary, or
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> > > (b) directing the Secretary to register the person or to confirm the appointment of the individual, as the case may be.
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> > (2A) On hearing an appeal under subsection (1) (ba), the Supreme Court may make an order—
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> > > (a) confirming the refusal of the Secretary, or
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> > > (b) directing the Secretary to exempt the person from complying with the provision of this Act or the regulations.
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> > (3) On hearing an appeal under subsection (1) (c), the Supreme Court may make an order—
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> > > (a) confirming the cancellation by the Secretary, or
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> > > (b) revoking the cancellation by the Secretary.
>
> **s 77:** Am 2003 No 61, Sch 1 \[43\]–\[45\]; 2004 No 91, Sch 1.17 \[10\]–\[12\]; 2016 No 60, Sch 2.4 \[11\] \[12\].