Victorian Current Acts

FUNERALS ACT 2006 - SECT 3

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;

S. 3 def. of Council repealed by No. 50/2014 s. 36.

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S. 3 def. of Director amended by No. 21/2012 s. 239(Sch. 6 item 18.1).

"Director" has the same meaning as it has in the Australian Consumer Law and Fair Trading Act 2012 ;

"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;

S. 3 def. of inspector amended by No. 21/2012 s. 239(Sch. 6 item 18.2).

"inspector" means a person appointed under section 142 of the Australian Consumer Law and Fair Trading Act 2012 ;

"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.

Pt 2 (Heading and ss 4–6) repealed by No. 50/2014 s. 37.

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Part 3—Registers

Division 1—Register of funeral providers