Perpetual care trust—records

In force

(1)

The licensee of a facility must keep a record of the following about a perpetual care trust established for the facility:

(a)

the licensee receipts for the facility;

(b)

the amounts paid to the public trustee and guardian for the perpetual care trust fund;

(c)

for an amount withdrawn from the perpetual care trust fund—

(i)

the amount withdrawn; and

(ii)

the purpose for which the amount was applied; and

(iii)

a copy of the Minister’s approval to withdraw the amount.

(2)

A person commits an offence if the person—

(a)

is the licensee of a facility; and

(b)

does not make a record mentioned in subsection (1).

Maximum penalty: 50 penalty units.

(3)

A person commits an offence if the person—

(a)

is the licensee of a facility; and

(b)

makes a record mentioned in subsection (1); and

(c)

does not keep the record—

(i)

for at least 7 years after the record is made; and

(ii)

at the facility; and

(iii)

in accordance with any requirements prescribed by regulation.

Maximum penalty: 50 penalty units.

(4)

An offence against this section is a strict liability offence.

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