New South Wales Consolidated Acts

FUNERAL FUNDS ACT 1979 - SECT 49

49 Payment of trust funds where pre-paid contract cancelled

(1) At any time before a funeral service is supplied under a pre-paid contract, the person who is to be supplied with that service or the person’s legal personal representative may, if the person is entitled to do so pursuant to subsection (2) or (3), cancel the contract by notice in writing served on the person who agreed to supply the service.

(2) The person who is to be supplied with a funeral service under a pre-paid contract is entitled to cancel the contract if:

(a) the Director-General is satisfied that the service will not be supplied because the person who agreed to supply the service has ceased to carry on the business of supplying services of that kind, or

(b) the person is otherwise entitled under the contract to cancel the contract.

(3) The legal personal representative of a person who is to be supplied with a funeral service under a pre-paid contract is entitled to cancel the contract if:

(a) the person who agreed to supply the service was unable or unwilling to supply the service when it was required,

(b) the Director-General is satisfied that the service was not supplied pursuant to the contract because the person who arranged for the service to be carried out did not know or had no reasonable means of ascertaining that the contract existed, or

(c) the legal personal representative is otherwise entitled under the contract to cancel the contract.

(4) The person who agreed to supply any funeral service under a pre-paid contract may, if the person is entitled to do so under the contract, cancel the contract by notice in writing served on the person who is to be supplied with the service.

(5) Upon the cancellation of a pre-paid contract under subsection (1), the person who cancelled the contract shall be entitled to be paid by the pre-paid funeral fund concerned the amount held in trust under the contract at the time of the cancellation.

(6) Upon the cancellation of a pre-paid contract under subsection (4), the person who is to be supplied with the funeral service under the contract shall be entitled to be paid by the pre-paid funeral fund concerned the amount held in trust under the contract at the time of the cancellation.