New South Wales Consolidated Acts

FUNERAL FUNDS ACT 1979 - SECT 77

77 Appeal against refusal to register pre-arranged funeral fund or decision to cancel that registration etc

(1) Where the Director-General:

(a) refuses under section 37 or section 39B to register a person to act as trustee or trustees of trust funds under pre-paid contracts,

(b) refuses under section 38 to confirm the appointment of an individual as a trustee, or

(ba) refuses under section 39B (5) to exempt a person registered under that section from complying with a provision of this Act or the regulations, or

(c) cancels the registration of a pre-paid funeral fund under section 39 (subsection (1) (c) excepted),

an appeal against that refusal or cancellation may be made to the Supreme Court by the person concerned.

(2) On hearing an appeal under subsection (1) (a) or (b), the Supreme Court may make an order:

(a) confirming the refusal of the Director-General, or

(b) directing the Director-General to register the person or to confirm the appointment of the individual, as the case may be.

(2A) On hearing an appeal under subsection (1) (ba), the Supreme Court may make an order:

(a) confirming the refusal of the Director-General, or

(b) directing the Director-General to exempt the person from complying with the provision of this Act or the regulations.

(3) On hearing an appeal under subsection (1) (c), the Supreme Court may make an order:

(a) confirming the cancellation by the Director-General, or

(b) revoking the cancellation by the Director-General.