5Disclosure of information before prepaid funeral agreement

5 Disclosure of information before prepaid funeral agreement

(1)  Subject to subsection (3) , a person carrying on a funeral business must not make a prepaid funeral agreement unless he or she first provides to the contributor and the recipient the following information:

(a) the name, including the business name if any, and the address where the funeral business is carried on;

(b) the name of the contributor and the usual residential address of the contributor;

(c) the name of the recipient and the usual residential address of the recipient;

(d) the name of the prepaid funeral trust to which payments are to be made;

(e) full details of each funeral service to be supplied, including details of all goods, services and facilities to be supplied in connection with that funeral service and the cost of each of those goods, services and facilities;

(f) the due date for any payment or other valuable consideration in respect of the funeral services by the contributor and how the payment or consideration is to be made or given;

(g) where payments under the agreement are to be made by instalment, the amount of each instalment and the date on which each instalment is due;

(h) any terms or conditions applying to the conduct of the funeral or to the provision of other funeral services;

(i) any fees, brokerage or commission payable to the funeral business or to any other person;

(j) the amount of any GST or other amount payable by law by virtue of the agreement;

(k) any other information prescribed by the regulations.

(2)  A person must not provide any information required under subsection (1) that is incorrect in a material particular.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person is not required to provide any information mentioned in subsection (1) to a recipient if –

(a) an enduring power of attorney granted by the recipient to the contributor is in force; or