Victorian Consolidated Legislation

Funerals Act 2006 - SECT 28

Pre-paid funeral contracts

28. Pre-paid funeral contracts



(1) A funeral provider must not enter into a pre-paid funeral contract unless
that contract-

   (a)  is in writing; and

   (b)  complies with subsections (2) and (4); and

   (c)  contains any other terms and conditions prescribed in respect of that
        class of contract.

Penalty: 600 penalty units.

(2) The contract must specify-

   (a)  the funeral services to be supplied under the contract; and

   (b)  any funeral goods to be supplied under the contract in connection with
        the funeral services; and

   (c)  the consideration to be paid or given in respect of the contract for
        the supply of those funeral services (including any funeral goods
        referred to in paragraph (b)); and

   (d)  that, subject to subsection (3), any money paid to the funeral
        provider in respect of the contract by or on behalf of any other party
        to the contract is required to be-

   (i)  invested in a specified investment in accordance with sections 29(1)
        and 30; or

   (ii) paid to the trustees of a cemetery in accordance with sections 29(2)
        and 30.

(3) Subsection (2)(d) does not apply to an administration fee or brokerage fee
paid in respect of a pre-paid funeral contract.

(4) Without affecting the operation of sections 29 and 30, if the
consideration or part of the consideration under the contract is an assignment
or transfer or the promise of an assignment or transfer of an investment or an
interest in an investment, the contract must specify the type of investment
and must require the investment-

   (a)  to be made or to have been made in the name of the person in respect
        of whom the funeral is to be supplied; and

   (b)  to be an investment of a kind referred to in section 29(1).

(5) The funeral provider must give each other party to the contract a copy of
the contract.

Penalty: 120 penalty units.

(6) Despite subsection (1) a contract entered into in contravention of that
subsection is not void by reason only of the contravention.