Australian Capital Territory Consolidated Acts

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CEMETERIES AND CREMATORIA ACT 2003 - SECT 10

Establishment of perpetual care trust reserve

    (1)     A perpetual care trust reserve (the reserve ) is established for the perpetual care trust of a cemetery or crematorium.

    (2)     The reserve is part of the perpetual care trust of the cemetery or crematorium.

    (3)     The reserve is established for the long-term maintenance of the cemetery or crematorium, including, for example, the maintenance of anything mentioned in section 9 (3) (a) (i), (ii) or (iii), or for a purpose approved for section 9 (3) (b).

Note 1     The perpetual care trust reserve amount is not available for any payment without the Minister's written approval (see s 16).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     Income received from investments of amounts in the reserve of a perpetual care trust becomes part of the reserve of the trust.

    (5)     The public trustee must keep the reserve in an account that is identifiably separate from the rest of the perpetual care trust.



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