New South Wales Consolidated Acts

FUNERAL FUNDS ACT 1979 - SECT 93

93 Definitions

(1) In this Part, except in so far as the context or subject-matter otherwise indicates or requires:
"existing funeral contribution fund" means a person who is carrying on contributory funeral benefit business immediately before the commencement of section 11, but does not include a funeral contribution fund.
"funeral contribution fund" includes a person exempt from the application of section 11.
"prescribed day", in relation to an existing funeral contribution fund, means:

(a) except as provided in paragraph (b), the day on which the existing fund notifies the Director-General in accordance with section 94, or

(b) where the existing fund is pursuant to this Part deemed to have notified the Director-General that the fund proposes to refund, in accordance with Division 2, contributions paid by contributors in connection with the fund’s contributory funeral benefit business, the day on which the fund is deemed to have so notified the Director-General.

(2) For the purposes of this Part:

(a) a person does not cease to be a contributor by reason only that the person to whom he or she has previously paid contributions has refused to accept any further contributions from him or her before or after the commencement of section 11, and

(b) a person carries on contributory funeral benefit business immediately before the commencement of section 11 if the person ceased to accept contributions for funeral benefits at any time before that commencement and if, immediately before that commencement, the person had not, in the opinion of the Director-General:

(i) refunded contributions previously paid for funeral benefits to which the contributors were, when the person ceased to accept contributions, entitled on their death, or

(ii) made reasonable arrangements for the provision of funeral benefits to the persons so entitled.

(3) For the purposes of section 101 (2), 102 (1) or 106 (2), the amount of contributions paid by a person referred to in that subsection shall be reduced by the cost of any service provided to a person on whose behalf those contributions were paid.