New South Wales Consolidated Acts

FUNERAL FUNDS ACT 1979 - SECT 19

19 Costs recoverable by undertaker where funeral service provided by fund

(1) Where a funeral contribution fund undertakes to provide a contributor with a funeral service and on the death of the contributor a funeral service is carried out by an undertaker pursuant to an agreement with the fund, that undertaker is not entitled to recover in any court any charges for the service so carried out from any person other than the fund unless:

(a) the service so carried out was different from or included a service additional to the service that the fund had undertaken to provide,

(b) the person who agreed to the different or additional service had, before agreeing thereto, signed a statement to the effect that the person was aware that the contributor was entitled to be provided without cost with the service that the fund had undertaken to provide but that the person agreed to the different or additional service, and

(c) the charges for the service so carried out are reduced by the amount that is equal to the cost of the service that the fund had undertaken to provide.

(2) A person shall not demand payment for any charge which the person is not entitled to recover under subsection (1).

Maximum penalty: 10 penalty units.