8Termination of prepaid funeral agreement

8 Termination of prepaid funeral agreement

(1)  A contributor may, by notice in writing to a person carrying on a funeral business, terminate a prepaid funeral agreement on any of the following grounds:

(a) that the recipient has ceased to be ordinarily resident in Tasmania;

(b) that the relationship status of the recipient has changed;

(c) that in the opinion of the Director it is unreasonable in all the circumstances that the agreement should continue in force;

(d) that, in the opinion of the Director, the continued payment of instalments would cause serious hardship for the contributor;

(e) that the funeral business has ceased to carry on business and is unable to provide the funeral services;

(f) that funeral services have already been supplied in respect of the recipient.

(2)  A person carrying on a funeral business may, by notice in writing to the contributor, terminate a prepaid funeral agreement on either of the following grounds:

(a) that the funeral business has ceased to carry on business;

(b) that the funeral business is unable to provide the funeral services for reasons that were not reasonably foreseeable at the time the agreement was made.

(3)  On application by a person carrying on a funeral business, the Director may terminate a prepaid funeral agreement if he or she is satisfied that in all the circumstances it is unreasonable for the agreement to be performed.