Victorian Consolidated Legislation

Funerals Act 2006 - SECT 26

References relating to pre-paid funeral contracts

26. References relating to pre-paid funeral contracts



(1) In this Part, a reference to money paid in respect of a pre-paid funeral
contract includes a reference to money paid in respect of any investment the
assignment or transfer of which, or the assignment or transfer of an interest
in which, or the promise of the assignment or transfer of which, or the
promise of the assignment or transfer of an interest in which forms the
consideration or part of the consideration for the contract.

(2) In this Part, a reference to money paid to a funeral provider includes a
reference to money paid to or received by the funeral provider as agent for
any person or to any agent or associate of the funeral provider.

(3) In this Part, a reference to the supply of funeral services under a
pre-paid funeral contract includes-

   (a)  a reference to the supply of funeral goods specified in the contract;
        and

   (b)  a reference to the supply of funeral services by arrangement under a
        pre-paid funeral contract.



(4) In this Part, in the case of an agreement or arrangement under which
funeral services are or were to be supplied or arranged to be supplied in
respect of the first person to die of 2 or more named persons-

   (a)  a reference to the death of the person in respect of whom a funeral or
        funeral service is or was to be supplied (however expressed) is a
        reference to the death of the first of those named persons to die; and

   (b)  a reference to an investment or payment being made or having been made
        in the name of the person in respect of whom a funeral or funeral
        service is to be supplied (however expressed) is a reference to an
        investment or payment being made or having been made in the names of
        each of those named persons in the alternative.

Division 2-Pre-paid funeral contracts