Victorian Numbered Acts

FUNERALS ACT 2006 (NO 77 OF 2006) - NOTES

Act No. 77/2006

Victoria

No. 77 of 2006

Funerals Act 2006^[†]

[Assented to 10 October 2006]

^[†]     Minister's second reading speech—

    Legislative Assembly: 10 August 2006

    Legislative Council: 14 September 2006

    The long title for the Bill for this Act was "to provide for the regulation of the funeral industry, to re-enact provisions relating to the regulation of pre-paid funeral contracts, to provide for Codes of Practice, to repeal the Funerals (Pre-Paid Money) Act 1993, to amend the Fair Trading Act 1999 and for other purposes."

INDEX

Subject	Section
Act
amendments	90
application of Fair Trading Act 1999	54
commencement	2
purposes	1
repeals	89
savings and transitional provisions	83–88
Associates	3, 29, 30, 32, 38
Basic funeral services See Funeral services
Burial rights	29
Cemeteries See Trustees in cemeteries
Codes of practice	45–48
Coffin price lists	3, 21, 23
Compensation	66
Complaints
regarding funeral providers	24, 49–52
regarding inspectors	75
Council See Funeral Industry Ministerial Advisory Council
Definitions	3, 20, 25, 34, 56, 83
Director
definition	3
delegation	81
powers, functions regarding
codes of practice	45–46
complaints	52, 75
inspectors	73–75
legal proceedings	79
register of funeral providers	7–11
register of pre-paid funeral contracts	12–18
requirements for information, documents	53
Director of Public Prosecutions	77
Disclosure of information	76
Fair Trading Act 1999	54, 90
Firms	3, 78
Funeral benefit funds	29
Funeral costs See Funeral goods; Funeral services
Funeral goods
definition	3
disbursements for	3, 24
price lists	21–23
specified in pre-paid funeral contracts	28
statements, itemised lists of costs	24
Funeral goods and services price lists	3, 21–22, 24
Funeral Industry Ministerial Advisory Council	4–6
Funeral packages	21, 24
Subject	Section
Funeral providers
definition	3, 25, 34, 56
duties regarding complaints	24, 49–52
duties regarding prices of funeral goods, services	21–24
See also Pre-paid funeral contracts
Funeral providers – Register
access to	9
contents	8
establishment, maintenance, purpose	7
false, misleading statements in relation to	19
registration information	3, 10–11
Funeral services
basic funeral services	3, 20, 21
definition	3
disbursements for	3, 24
price lists	21–22
statements, itemised lists of costs	24
supplied under pre-paid funeral contracts
additional, different to those to be supplied	31
as condition of receipt of money payable	32
consideration provided for in contracts	31
construction of references to	26
failure to supply as required	35
information in funeral providers' registers	42
specified in contracts	28
Inspectors
definition	3
entry, search and seizure powers
compensation for damage caused	66
complaints about exercise of	75
consent of, information for occupiers	56–58
information, documents required, given	69–71
offence-related with warrant	59–61
offence-related without warrant	57
protection against self-incrimination	71
reports, registers of exercise of	73–74
things seized under warrant	62–65, 67–68
to monitor compliance with Act	56
use of equipment	64–66
hindrance, obstruction	72
identity cards	55–57, 61, 69
relevant premises (def.)	56
Interment rights	29
Investments
acceptance of money payable under	32
assignments, transfers as consideration	28
cancellation of assignments, transfers	39
commissions	32
funds, policies where money invested	29
information in funeral providers' registers	42
information provided by funeral providers	27
Subject	Section
matters specified in, requirements of contracts	28
procedure	30
Legal personal representatives	31, 34–38, 40
Legal proceedings	77, 79
Life insurance policies	29–30
Minister
powers, functions regarding
codes of practice	45–47
compensation	66
Council	4–5
investments	29–30
Offences and penalties
by partnerships, unincorporated associations	78
regarding
basic funeral services	20
codes of practice	48
complaints	49–51
disclosure of information	76
information, documents required by Director	53
inspectors	55, 69–70, 72
pre-paid funeral contracts	27–33, 38, 42–44
prices, costs of funeral goods and services	21–24
registers	10, 11, 16, 18, 19
Pre-paid funeral contracts
accounts	44
administration, brokerage fees	27, 28, 29, 38
commissions	32
consideration (def.)	3
construction of references in relation to	26
copies of contracts, documents	28, 30, 43
definition	3
funeral goods and services supplied under	28, 31–32, 35, 42
GST payable	29
information from providers to other parties	27, 43
legal personal representatives' powers, rights	31, 34–38, 40
matters specified in	28
money paid
held on trust by funeral provider	29, 32, 38
investment	27–30, 32, 39, 42
paid to trustees of cemeteries	28–30, 32, 42
receipts for	33, 43
non-compliance with requirements	35
registers, records kept by funeral providers	42–44
requirements (general)	28
termination
assignments, transfers, payments as result of	38
by funeral providers	36
by purchasers	35
deemed terminations on winding up	39
notice of	35–37, 40
other rights not affected	41
time of taking effect	37
Subject	Section
Pre-paid funeral contracts – Register
access to	14
establishment, purpose	12
false, misleading statements in relation to	19
fees	15, 17
information recorded in	13, 15–16, 18
removal of information from	17, 18
Price lists See Funeral goods and services price lists
Registers See Funeral providers – Register; Pre-paid funeral contracts – Register
Regulations	47, 82
Repeals	89
Service of documents	80
Statements of funeral costs	3, 24
Transitional provisions	83–88
Trust money	29, 32, 38
Trustees of cemeteries
money in respect of pre-paid funerals paid to
commissions	32
details in funeral providers' registers	42
for rights of burial, interment in cemeteries	29
matters specified in, requirements of contracts	28
procedure	30