Victorian Consolidated Legislation

FUNERALS ACT 2006

No. 77 of 2006
Version incorporating amendments as at 1 November 2007

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions

   PART 2-FUNERAL INDUSTRY MINISTERIAL ADVISORY COUNCIL

   4.      Funeral Industry Ministerial Advisory Council
   5.      Functions of the Council
   6.      Meetings of the Council

   PART 3-REGISTERS

           Division 1-Register of funeral providers

   7.      Register of funeral providers
   8.      Contents of register of funeral providers
   9.      Access to register
   10.     Requirement to notify Director
   11.     Changes in registration information

           Division 2-Register of pre-paid funeral contracts

   12.     Register of pre-paid funeral contracts
   13.     Contents of register of pre-paid funeral contracts
   14.     Access to register
   15.     Inclusion of pre-paid funeral contracts in register
   16.     Requirement to provide information to Director
   17.     Application to remove contract from register
   18.     Changes to information in register

           Division 3-General

   19.     False or misleading statements

   PART 4-FUNERAL SERVICES

   20.     Requirement to offer basic funeral service
   21.     Requirement to produce funeral goods and services price
           list
   22.     Availability of funeral goods and services price list
   23.     Requirement to produce and provide coffin price list
   24.     Requirement to produce and provide statement of funeral
           costs

   PART 5-PRE-PAID FUNERAL CONTRACTS

           Division 1-Interpretation

   25.     Definition of funeral provider
   26.     References relating to pre-paid funeral contracts

           Division 2-Pre-paid funeral contracts

   27.     Funeral provider to provide information about investment
   28.     Pre-paid funeral contracts
   29.     Investment of money
   30.     Procedure for investment
   31.     Consideration under contract
   32.     Funeral provider not to accept other money
   33.     Receipt

           Division 3-Termination of pre-paid funeral contracts

   34.     Definition of funeral provider
   35.     Termination of pre-paid funeral contract by purchaser
   36.     Termination of contract by funeral provider
   37.     When does termination take effect?
   38.     What must happen on termination?
   39.     Winding up
   40.     Legal personal representative of person may act
   41.     Other termination rights not affected

           Division 4-Register of contracts

   42.     Register of contracts

           Division 5-Accounts and records

   43.     Keeping of records
   44.     Accounts to be kept

   PART 6-CODE OF PRACTICE

   45.     Preparation of draft code of practice by the Director
   46.     Consideration of draft code of practice prepared by other
           persons
   47.     Prescribing codes of practice
   48.     Offence to breach code of practice

   PART 7-COMPLAINTS HANDLING

   49.     Procedure for dealing with complaints
   50.     Written document of complaints handling procedure
   51.     Provision of procedures for dealing with complaints
   52.     Guidelines

   PART 8-ENFORCEMENT

           Division 1-Powers of Director

   53.     Director may require information

           Division 2-Application of Fair Trading Act provisions

   54.     Incorporation of provisions of Fair Trading Act 1999.

           Division 3-Powers of inspectors

   55.     Production of identity card
   56.     Searches to monitor compliance with this Act
   57.     Offence-related searches and seizures
   58.     Occupier to be given copy of consent
   59.     Search warrant
   60.     Announcement before entry
   61.     Copy of warrant to be given to occupier
   62.     Receipt must be given for any thing seized
   63.     Copies of certain seized things to be given
   64.     Use of equipment to examine or process things
   65.     Use or seizure of electronic equipment at premises
   66.     Compensation for damage caused during inspections
   67.     Return of seized things
   68.     Court may extend period
   69.     Power of inspector to require information or documents
   70.     False or misleading information
   71.     Protection against self-incrimination
   72.     Offence to hinder or obstruct inspector
   73.     Entry to be reported to the Director
   74.     Register of exercise of powers of entry
   75.     Complaints

           Division 4-Confidentiality

   76.     Disclosure of information

           Division 5-General

   77.     Limitation
   78.     Actions by firms
   79.     Who may bring proceedings for an offence?

   PART 9-GENERAL

   80.     Service of documents
   81.     Delegation
   82.     Regulations

   PART 10-SAVINGS AND TRANSITIONAL PROVISIONS

   83.     Definitions
   84.     General transitional provisions
   85.     References to old Act
   86.     Application to pre-existing pre-paid funeral contracts
   87.     Existing pre-paid funeral contracts
   88.     Register of contracts

   PART 11-REPEAL AND AMENDMENT

   89.     Repeal of Funerals (Pre-Paid Money) Act 1993.
   90.     Amendment of Fair Trading Act 1999.
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details