Funeral Benefit Business Act 1982 (Qld)

Funeral Benefit Business Act 1982

An Act to consolidate and amend the law relating to funeral benefit businesses and registration thereof and for connected purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Funeral Benefit Business Act 1982.

2 Commencement (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by proclamation.

3 Relationship with Fair Trading Inspectors Act 2014 (1) The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading. (2) Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector has under this Act.

4 [Repealed]

5 Definitions In this Act— actuary means— (a) a Fellow or Associate of the Institute of Actuaries (London); or (b) a Fellow or Associate of the Faculty of Actuaries (Edinburgh); or (c) a Fellow of the Institute of Actuaries of Australia; or (d) any other person possessing actuarial knowledge and experience satisfactory to the Governor in Council and approved of by the Governor in Council as being an actuary accordingly. approved form means a form approved by the chief executive under section 89. authorised accountant means— (a) a person registered as an auditor under part 9.2 of the Corporations Act; or (b) a member of CPA Australia who is entitled to use the letters 'CPA' or 'FCPA'; or (c) a member of Chartered Accountants Australia and New Zealand who is entitled to use the letters 'CA' or 'FCA'; or (d) a member of the Institute of Public Accountants who is entitled to use the letters 'MIPA' or 'FIPA'; or (e) a person possessing qualifications in accountancy and approved by the chief executive. authorised investment manager means an entity that carries on a business, regulated by Commonwealth or State legislation, of investing money for another person. benefit means funeral benefit. contributor means any person who makes a payment or makes periodical contributions in the form of payments, by whatever name known, to an entity in respect of funeral benefits provided or to be provided by the entity. corporation— (a) generally, has the meaning given by the Corporations Act, but does not include an exempt body within the meaning of that Act; and (b) for part 5, see section 49. court means the Supreme Court or a judge thereof. FTI Act see section 3(1). fund see section 9(1). funeral benefit means the provision, for any contributor or other person for whom or on whose behalf a payment or contributions is or are made, of— (a) funeral, burial or cremation services with or without any other services or benefits connected therewith; or (b) the costs and expenses, or a part thereof, of such funeral, burial or cremation services including, in the case of the provision of connected services or benefits, the costs and expenses, or a part thereof, of such other services or benefits; and, without limiting the generality of the foregoing, includes the provision for any contributor or other person as aforesaid of any 1 or more of the following or of the costs and expenses or a part of the costs and expenses thereof, that is to say— (c) the attendance of a funeral services consultant to assist with arrangements for burial or cremation and the preparation of associated documents; (d) the transportation of the body of the deceased by a funeral director; (e) mortuary facilities and the services of a funeral director and the funeral director's staff; (f) a casket supplied by a funeral director; (g) arrangements for burial or cremation including arrangements for the purchase of an interment site or interment rights or an inurnment site or inurnment rights; (h) a mobile graveside chapel; (i) a casket-lowering device; (j) the preparation of ashes awaiting inurnment and memorial arrangements; (k) any other service or benefit or thing prescribed by regulation to be a service or benefit or thing for the purpose of this paragraph (the contributor or other person being hereby thereunto authorised). funeral benefit agreement means an agreement, for the supply of a funeral benefit, between a contributor and an entity. funeral benefit business means business providing a funeral benefit, but does not include any case of the sale of an interment site or interment rights only or an inurnment site or inurnment rights only or of the opening or closing of any such site. inspector means a person who holds office under the FTI Act as an inspector for this Act. nominated property see section 25. part 3 corporation means a corporation to which repealed section 7 applied. part 4 corporation means a corporation, other than a part 3 corporation, registered under this Act immediately before the commencement of the Second-hand Dealers and Pawnbrokers Act 2003, section 139, to carry on a funeral benefit business. Note— The Second-hand Dealers and Pawnbrokers Act 2003, section 139 commenced on 1 December 2003. QCAT information notice means a notice complying with the QCAT Act, section 157(2). registered corporation means a part 3 corporation or part 4 corporation. registrar means the registrar of funeral benefit businesses under section 6. repealed section 7 means section 7 as in force immediately before its repeal by the Statute Law Revision Act 1995, section 4, schedule 1 and to which, under section 5(3) and schedule 9 of that Act, the Acts Interpretation Act 1954, section 20A applies. valuer means a registered valuer within the meaning of the Valuers Registration Act 1992.