Victorian Numbered Acts Victorian Numbered Acts(1) A party to a pre-paid funeral contract (other than a funeral provider) or the legal personal representative of that party may terminate that contract at any time before the death of the person in respect of whom a funeral is to be supplied under that contract if—
(a) the funeral provider fails to comply with section 28, 29 or 30; or
(b) the service will not be supplied because the funeral provider has ceased to carry on the business of supplying or arranging the supply of services of that kind; or
(c) he or she is otherwise entitled under the contract to terminate the contract.
(2) The legal personal representative of a person in respect of whom a funeral service is to be supplied under a pre-paid funeral contract may terminate the contract at any time on or after the death of the person and before the funeral service is supplied under that contract if—
(a) the funeral provider was unable or unwilling to supply or arrange the supply of the funeral service when it was required; or
(b) a funeral service had been supplied in respect of the person but was not supplied under that contract and section 31(2) does not apply to the provision of that funeral service; or
(c) the legal personal representative is otherwise entitled under the contract to terminate the contract.
(3) A contract may be terminated under sub-section (1) or (2) by notice in writing served on the funeral provider.