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FUNERALS ACT 2006 (NO 77 OF 2006)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
PART 2--FUNERAL INDUSTRY MINISTERIAL ADVISORY COUNCIL
4. Funeral Industry Ministerial Advisory Council
5. Functions of the Council
6. Meetings of the Council
PART 3--REGISTERS
Division 1--Register of Funeral Providers
7. Register of funeral providers
8. Contents of register of funeral providers
9. Access to register
10. Requirement to notify Director
11. Changes in registration information
Division 2--Register of Pre-Paid Funeral Contracts
12. Register of pre-paid funeral contracts
13. Contents of register of pre-paid funeral contracts
14. Access to register
15. Inclusion of pre-paid funeral contracts in register
16. Requirement to provide information to Director
17. Application to remove contract from register
18. Changes to information in register
Division 3--General
19. False or misleading statements
PART 4--FUNERAL SERVICES
20. Requirement to offer basic funeral service
21. Requirement to produce funeral goods and services price list
22. Availability of funeral goods and services price list
23. Requirement to produce and provide coffin price list
24. Requirement to produce and provide statement of funeral costs
PART 5--PRE-PAID FUNERAL CONTRACTS
Division 1--Interpretation
25. Definition of funeral provider
26. References relating to pre-paid funeral contracts
Division 2--Pre-Paid Funeral Contracts
27. Funeral provider to provide information about investment
28. Pre-paid funeral contracts
29. Investment of money
30. Procedure for investment
31. Consideration under contract
32. Funeral provider not to accept other money
33. Receipt
Division 3--Termination of Pre-Paid Funeral Contracts
34. Definition of "funeral provider"
35. Termination of pre-paid funeral contract by purchaser
36. Termination of contract by funeral provider
37. When does termination take effect?
38. What must happen on termination?
39. Winding up
40. Legal personal representative of person may act
41. Other termination rights not affected
Division 4--Register of Contracts
42. Register of contracts
Division 5--Accounts and Records
43. Keeping of records
44. Accounts to be kept
PART 6--CODE OF PRACTICE
45. Preparation of draft code of practice by the Director
46. Consideration of draft code of practice prepared by other persons
47. Prescribing codes of practice
48. Offence to breach code of practice
PART 7--COMPLAINTS HANDLING
49. Procedure for dealing with complaints
50. Written document of complaints handling procedure
51. Provision of procedures for dealing with complaints
52. Guidelines
PART 8--ENFORCEMENT
Division 1--Powers of Director
53. Director may require information
Division 2--Application of Fair Trading Act Provisions
54. Incorporation of provisions of Fair Trading Act 1999
Division 3--Powers of Inspectors
55. Production of identity card
56. Searches to monitor compliance with this Act
57. Offence-related searches and seizures
58. Occupier to be given copy of consent
59. Search warrant
60. Announcement before entry
61. Copy of warrant to be given to occupier
62. Receipt must be given for any thing seized
63. Copies of certain seized things to be given
64. Use of equipment to examine or process things
65. Use or seizure of electronic equipment at premises
66. Compensation for damage caused during inspections
67. Return of seized things
68. Court may extend period
69. Power of inspector to require information or documents
70. False or misleading information
71. Protection against self-incrimination
72. Offence to hinder or obstruct inspector
73. Entry to be reported to the Director
74. Register of exercise of powers of entry
75. Complaints
Division 4--Confidentiality
76. Disclosure of information
Division 5--General
77. Limitation
78. Actions by firms
79. Who may bring proceedings for an offence?
PART 9--GENERAL
80. Service of documents
81. Delegation
82. Regulations
PART 10--SAVINGS AND TRANSITIONAL PROVISIONS
83. Definitions
84. General transitional provisions
85. References to old Act
86. Application to pre-existing pre-paid funeral contracts
87. Existing pre-paid funeral contracts
88. Register of contracts
PART 11--REPEAL AND AMENDMENT
89. Repeal of Funerals (Pre-Paid Money) Act 1993
90. Amendment of Fair Trading Act 1999
ENDNOTES
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