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This is a Bill, not an Act. For current law, see the Acts databases.
Fair Trading Amendment (Mandatory
Funeral Industry Code) Bill 2008
No , 2008
A Bill for
An Act to amend the Fair Trading Act 1987 to provide for the establishment of a
mandatory code of conduct for the funeral industry.
Clause 1 Fair Trading Amendment (Mandatory Funeral Industry Code) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Fair Trading Amendment (Mandatory Funeral Industry 3
Code) Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Fair Trading Act 1987 No 68 7
The Fair Trading Act 1987 is amended as set out in Schedule 1. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which this Act 10
commences. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Fair Trading Amendment (Mandatory Funeral Industry Code) Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 60Z Provision of information to consumers 3
Omit section 60Z (5). Insert instead: 4
(5) A person must not, in trade or commerce, in connection with the 5
supply to a consumer of funeral goods or services fail to comply 6
with an information standard prescribed under this section. 7
(6) In this section, supply includes proposed and prospective supply 8
and offer to supply, and supplier has a corresponding meaning. 9
[2] Sections 60ZA and 60ZAA 10
Omit section 60ZA. Insert instead: 11
60ZA Mandatory funeral industry code of conduct 12
(1) In this section: 13
funeral industry code of conduct means a code of conduct 14
established under this section. 15
supplier of funeral goods and services means a person who is in 16
the business of supplying funeral goods and services to 17
consumers. 18
(2) The regulations may establish a funeral industry code of conduct 19
that prescribes rules to be observed by suppliers of funeral goods 20
and services in the course of carrying on the business of a supplier 21
of funeral goods and services. 22
(3) A funeral industry code of conduct may also include provision 23
for or with respect to the registration by the Director-General of 24
suppliers of funeral goods and services, including provision for 25
or with respect to any of the following: 26
(a) prohibiting a person from supplying funeral goods and 27
services to consumers unless registered in accordance with 28
the regulations, 29
(b) qualifications for registration, 30
(c) the imposition of conditions on registration, 31
(d) the cancellation or suspension of registration (for example, 32
for a contravention of a provision of the funeral industry 33
code of conduct or a condition of registration), 34
(e) the review by the Administrative Decisions Tribunal of 35
decisions made in respect of registration. 36
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Fair Trading Amendment (Mandatory Funeral Industry Code) Bill 2008
Schedule 1 Amendments
(4) A supplier of funeral goods and services must, in trade or 1
commerce, comply with a funeral industry code of conduct. 2
60ZAA Damages 3
If a person contravenes a provision of this Part in connection with 4
the supply of funeral goods or services by the person and another 5
person suffers loss or damage as a result of the contravention, the 6
person who suffers the loss or damage is deemed, for the 7
purposes of this Act, to have suffered it by the supplying of the 8
goods or services. 9
[3] Schedule 5 Savings and transitional provisions 10
Omit "Part 5F" from clause 11H. Insert instead "Section 60Z". 11
[4] Schedule 5, clause 11H 12
Omit "that Part" wherever occurring. Insert instead "that section". 13
[5] Schedule 5, clause 12 14
Insert at the end of clause 12 (1): 15
Fair Trading Amendment (Mandatory Funeral Industry Code) 16
Act 2008 17
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