Victorian Consolidated Legislation

Funerals Act 2006 - SECT 3

Definitions

3. Definitions

In this Act-

associate of a person includes-

   (a)  in the case of a person which is a body corporate, a related body
        corporate within the meaning of the Corporations Act; and

   (b)  any body corporate of which the person is a director or in the
        management of which the person is concerned; basic funeral service has
        the meaning given by section 20; coffin price list means a list
        required by section 23;

consideration in relation to a contract includes-

   (a)  a transfer or assignment of or a promise to transfer or assign money
        or an investment or an interest in an investment in favour of a party
        to the contract or an associate of that party; and

   (b)  any administration fee or brokerage fee paid in respect of the
        contract; Council means the Funeral Industry Ministerial Advisory
        Council established under Part 2; Director has the same meaning as it
        has in the Fair Trading Act 1999; disbursements means money paid by a
        funeral provider for funeral goods and funeral services bought from a
        third party on behalf of a consumer;

firm means a partnership or other unincorporated body but does not include a
trust; funeral goods means products supplied to a consumer in connection with
funeral services; funeral goods and services price list means the list
required by section 21; funeral provider means any person carrying on the
business of supplying funeral goods and funeral services to the public;
funeral services means-

   (a)  services for the care and preparation of human bodies for burial,
        cremation or other final disposition;

   (b)  the arrangement, supervision or conduct of a funeral ceremony or final
        disposition of human remains;

GST has the same meaning as it has in the
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
inspector means a person appointed under section 114 of the
Fair Trading Act 1999; person includes a firm;

pre-paid funeral contract means an agreement or arrangement-

   (a)  the purpose of which is or includes the payment of money or the giving
        of other valuable consideration for-

   (i)  the supply of funeral services (with or without the supply of funeral
        goods) by a party to the agreement or arrangement; or

   (ii) the supply of funeral services (with or without the supply of funeral
        goods) to be arranged by a party to the agreement or arrangement; and

   (b)  which is made before the death of the person in respect of whom the
        service is to be supplied; register of funeral providers means the
        register established under Division 1 of Part 3; register of pre-paid
        funeral contracts means the register established under Division 2 of
        Part 3; registration information means the information that the
        Director is required to record under section 8; statement of funeral
        costs means the statement required by section 24. __________________