New South Wales Consolidated Acts

FUNERAL FUNDS ACT 1979 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"actuary" means:

(a) a Fellow of the Institute of Actuaries incorporated by Royal Charter on 29 July 1884,

(b) a Fellow of the Faculty of Actuaries in Scotland, or

(c) the holder of a prescribed qualification as an actuary,

who has practised as an actuary for a continuous period of not less than 5 years.
"authorised deposit-taking institution" means an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.
"bankers’ books" means:

(a) books of a bank, building society or credit union,

(b) cheques, orders for the payment of money, bills of exchange and promissory notes in the possession or under the control of a bank, building society or credit union, and

(c) securities or documents of title to securities in the possession or under the control of a bank, building society or credit union whether by way of pledge or otherwise.

"company" means a company within the meaning of the Corporations Act 2001 of the Commonwealth.
"contributor" means a person:

(a) who makes or has made periodic contributions, or on whose behalf periodic contributions are or have been made, to a person carrying on contributory funeral benefit business, and

(b) who is thereby entitled to be provided with a funeral benefit on his or her death.

"contributory funeral benefit business" means business in relation to a scheme or arrangement for the provision of funeral benefits to contributors.
"Department" means the Department of Commerce.
"Director-General" means:

(a) the Commissioner for Fair Trading, Department of Commerce, or

(b) if there is no such position in the Department-the Director-General of the Department.

"funeral benefit" means:

(a) the supply of any funeral service, with or without the supply of goods connected with that service, or

(b) the payment of money, upon the death of a person, for the purpose of meeting the whole or a part of the expenses of and incidental to the funeral of that person.

"funeral contribution fund" means:

(a) a company for the time being registered under section 14 to carry on contributory funeral benefit business, or

(b) a person for the time being registered under section 16C to carry on contributory funeral benefit business.

"funeral fund" means a funeral contribution fund or a pre-paid funeral fund.
"funeral service" includes burial service and cremation service.
"GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
"individual" means a natural person.
"inspector" means an inspector appointed under section 8.
"officer", of a corporation, has the meaning given by the Corporations Act 2001 of the Commonwealth.
"pre-paid contract" means an agreement whose purpose is or includes the payment of money (in a lump sum or by instalments) or the giving of other valuable consideration for the supply of a funeral service, with or without the supply of goods connected with that service, being an agreement made before the death of the person who is to be supplied with that service, and includes an agreement prescribed as a pre-paid contract under section 5.
"pre-paid funeral benefit business" means the business of supplying funeral services under pre-paid contracts.
"pre-paid funeral fund" means:

(a) a person or a group of individuals that is for the time being registered under section 37 to act as trustee or trustees of trust funds under pre-paid contracts, or

(b) a person for the time being registered under section 39B to act as trustee of trust funds under a pre-paid contract.

"rules", in relation to a company that carries on or proposes to carry on contributory funeral benefit business, means:

(a) the memorandum of association of the company,

(b) the articles of association (if any) of the company, and

(c) any other rules of the company dealing with:

(i) a matter referred to in section 13 (1),

(ii) the payment of contributions, and

(iii) funeral benefits.

(2) For the purposes of this Act:

(a) a person does not carry on contributory funeral benefit business by reason only that the person contributes for funeral benefits, and

(b) a person carries on contributory funeral benefit business if the person accepts any contributions for funeral benefits, otherwise than in the capacity of an agent.

(3) For the purposes of this Act:

(a) a person does not carry on pre-paid funeral benefit business by reason only that the person pays any money or gives any other valuable consideration for the supply of any funeral service under a pre-paid contract, and

(b) a person carries on pre-paid funeral benefit business if the person agrees to supply any funeral service under a pre-paid contract.

(4) In this Act, a reference to the supply or provision of a funeral benefit to any person is a reference to the supply or provision of that benefit in connection with the death of that person.

(5) In this Act, the description of an Act as an Act of the Commonwealth means an Act of the Parliament of the Commonwealth and all amendments of that Act, whether by subsequent Acts of that Parliament or otherwise and any Act of that Parliament passed in substitution for that Act.

(6) Notes included in this Act do not form part of this Act.