Victorian Consolidated Legislation

Funerals Act 2006 - SECT 38

What must happen on termination?

38. What must happen on termination?



(1) On the termination of a contract under section 37 before the death of the
person in respect of whom a funeral service was to be supplied under the
contract-

   (a)  the funeral provider and any associate of a funeral provider must
        transfer or assign to the other party to the contract or that party's
        legal personal representative any interest the funeral provider or
        associate has in the consideration paid or given in respect of the
        contract by or on behalf of that party; and





   (b)  if any money paid to the funeral provider in respect of the contract
        by or on behalf of any other party to the contract has not been
        invested or paid out in accordance with section 29 or 30(1), the
        funeral provider must pay the amount of that money to that other party
        to the contract or that party's legal personal representative.

Penalty: 360 penalty units.

(2) On the termination of a contract under section 37 on or after the death of
the person in respect of whom a funeral service was to be supplied under the
contract-

   (a)  the funeral provider and any associate of a funeral provider must
        transfer or assign to the legal personal representative of the person
        in respect of whom a funeral service was to be supplied under the
        contract any interest the funeral provider or associate has in the
        consideration paid or given in respect of the contract; and

   (b)  if any money paid to the funeral provider in respect of the contract
        by or on behalf of any other party to the contract has not been
        invested or paid out in accordance with section 29 or 30(1), the
        funeral provider is discharged from the trust created under section
        29(3) and must pay the amount of that money to the legal personal
        representative of the person in respect of whom the funeral service
        was to be supplied under the contract.

Penalty: 360 penalty units.

(3) Subsections (1) and (2) do not apply to an administration fee or brokerage
fee paid in respect of a pre-paid funeral contract.