Queensland Consolidated Acts

FUNERAL BENEFIT BUSINESS ACT 1982 - SECT 65

65 Control and management of certain accounts of registered corporations

(1) In this section—

"officer" means any member of the governing body, by whatever name called, of the registered corporation, the secretary or other officer or employee thereof, any agent thereof or person having for the time being apparent charge or control of an office or part of the funeral benefit business of the registered corporation.

"the account" means the benefits trust fund or the funeral benefit business trust fund account of a registered corporation, as the case requires, including any moneys payable thereto whether actually deposited in a financial institution account or not.

(2) Where it appears to the registrar that an officer has or may have misappropriated, is misappropriating or is likely to misappropriate moneys of the account or where action to cancel the registration of a registered corporation to carry on funeral benefit business is initiated under this Act, the registrar may serve notice in writing on the registered corporation or any member of the governing body, by whatever name called, of the registered corporation or the secretary thereof and on the manager or other principal officer of the financial institution where the account is kept that no moneys shall thenceforth be drawn from the account without the registrar’s approval.

(3) A notice served under subsection (2) shall be signed by the registrar and shall state that the registrar requires the account specified therein to be operated under the registrar’s control, and a copy of the notice shall be served on every person authorised to operate, alone or jointly with another or others, on the account.

(3A) When serving the notice mentioned in subsection (2) , the registrar must also give the registered corporation, member of the governing body or the secretary being served a QCAT information notice for the decision to serve the notice.

(4) Upon service of a notice on the manager or other principal officer of the financial institution and until that notice ceases to be effective, no payment shall be made by the financial institution on any cheque or other instrument drawn on the account unless it bears (as well as the signatures of persons authorised to operate on the account) the signature of the registrar or of a person authorised in writing in that respect by the registrar (the registrar being hereby thereunto authorised).

(5) If more persons than 1 authorised to operate on the account specified in the notice are unwilling or unable from any cause to operate thereon in conjunction with the registrar or person authorised by the registrar as aforesaid, the registrar or authorised person (with the consent in writing of the registrar) may thereupon operate on the account alone.

(6) A statutory declaration by the registrar or authorised person under the Oaths Act 1867 to the effect that persons authorised to operate on the account in question are unwilling or unable from any cause to operate thereon in conjunction with the registrar or authorised person is sufficient evidence to the manager or other principal officer of the financial institution of that fact.

(7) Upon service of the notice on the registered corporation or any member of the governing body or the secretary of the corporation and until that notice ceases to be effective, a person authorised to sign cheques or other instruments on behalf of the registered corporation in respect of the account shall not so sign any cheque or other instrument drawn on the account unless it has first been signed by the registrar or person thereunto authorised by the registrar.

(8) If the registered corporation, a member of the governing body thereof, the secretary thereof, a person authorised to sign cheques or other instruments on behalf of the registered corporation in respect of the account or the manager or other principal officer of the financial institution where the account is kept knowingly contravenes or fails to comply with any provision of this section, it, he or she is guilty of an offence against this Act.

Penalty—

Maximum penalty—20 penalty units.

(9) A registered corporation, the account of which is the subject of the service of a notice by the registrar pursuant to this section, may apply, as provided under the QCAT Act , to QCAT for a review of the registrar’s decision to serve the notice (the
"reviewable decision" ).

(12) A notice served under subsection (2) shall cease to be effective—

(a) if the registrar rescinds it (the registrar being hereby thereunto authorised)—on the date on which it is so rescinded; or

(b) if QCAT on reviewing the reviewable decision makes an order rescinding it—on the date specified by QCAT as that on which the notice is rescinded or, if no such date is specified, on the date of the order.

(13) Where a notice ceases to be effective, the registrar shall, as soon as practicable thereafter, serve on each person on whom it or a copy thereof has been served a further notice in writing that the notice has ceased to be effective.

(14) A notice or further notice authorised or required by this section to be served on any person may be so served—

(a) by delivering it to the person; or

(b) by sending it by post to the person at the person’s usual place of abode or business or at the person’s place of abode or business last known to the registrar.

(15) The financial institution where the account in question is kept and the manager or other principal officer of that financial institution do not incur any civil liability to any person for dishonouring or refusing or failing to make payment in respect of a cheque or other instrument that is drawn on the account in relation to which the registrar has served a notice under subsection (2) and not signed by the registrar or a person thereunto authorised by the registrar, if such dishonour or refusal or failure to make payment occurs before the manager or other principal officer served with the notice is served by the registrar with a further notice as referred to in subsection (13) .

(16) Nothing contained in this section operates in derogation of the provisions of section 52 (4) .