Australian Capital Territory Consolidated Acts

CEMETERIES AND CREMATORIA ACT 2003 - SECT 11

    (1)     The Minister must, for each cemetery or crematorium, determine—

        (a)     the percentage (the perpetual care trust percentage ) of each operator receipt that is to form part of the perpetual care trust of the cemetery or crematorium; and

        (b)     the percentage of the perpetual care trust percentage (the perpetual care trust reserve percentage ) that is to form part of the reserve of the perpetual care trust of the cemetery or crematorium.

    (2)     The percentages determined for the cemetery or crematorium must be the percentages that the Minister considers necessary to ensure that there are sufficient funds in the perpetual care trust and the reserve of the perpetual care trust so that the cemetery or crematorium will be adequately maintained in both the short-term and long-term.

    (3)     The Minister must tell the operator and the public trustee the percentages determined for the cemetery or crematorium.

    (4)     The Minister must, at least once in each planning period for the cemetery or crematorium, review the percentages determined for the cemetery or crematorium.

    (5)     The Minister may, by written notice to the operator of the cemetery or crematorium, require the operator to give the Minister stated information or documents that the Minister reasonably needs to make a determination under this section, or to review the percentages determined under this section, for the cemetery or crematorium.