Victorian Consolidated Legislation

Funerals Act 2006 - SECT 31

Consideration under contract

31. Consideration under contract



(1) A funeral provider must not demand any consideration from any person for
any funeral service supplied under a pre-paid funeral contract other than the
consideration provided for in the contract.

Penalty: 360 penalty units.

(2) Despite subsection (1), a funeral provider may recover charges for a
funeral service supplied in respect of a person if-

   (a)  the funeral service supplied was different from or included an
        additional service to the funeral service to be supplied under the
        pre-paid funeral contract; and

   (b)  the legal personal representative of the person in respect of whom the
        funeral is to be supplied has agreed to the different or additional
        service and before so agreeing, has signed a statement to the effect
        that he or she was aware that the funeral service specified in the
        pre-paid funeral contract could be supplied without further cost but
        that he or she agreed to a different or additional service; and

   (c)  the charges for the funeral service so supplied are reduced by an
        amount equal to the value of the consideration (less any
        administration fee or brokerage fee) given under the contract for the
        original funeral service.