Prepaid Funerals Act 2004

In this Act, unless the contrary intention appears –

auditor means an auditor who is – a registered company auditor within the meaning of the Corporations Act; and a member of – the Institute of Chartered Accountants; or the Australian Society of Certified Practising Accountants; or the Institute of Public Accountants;

contributor means a person who enters into a prepaid funeral agreement either for his or her own benefit or the benefit of another person;

custodian means a person appointed to manage the business of a funeral trust;

Director means the Director of Consumer Affairs and Fair Trading;

funeral business means a business in the course of which funeral services are supplied or arranged;

funeral services means the provision of – all or part of any funeral, burial or cremation service; or all or part of any services connected with funeral, burial or cremation services – and includes – the attendance of a person to assist with arrangements for a funeral, burial or cremation; and the attendance of a person to assist with the preparation of associated documents and notices; and the transportation of the body of a deceased person; and the use of mortuary facilities or services; and the supply of any goods including a coffin or casket; and the arrangements made for burial or cremation of a deceased person; and the provision of a mobile graveside chapel; and the provision of a lowering device for a coffin or casket; and the preparation of the ashes of a deceased person awaiting inurnment and memorial arrangements;

funeral trust means a funeral trust established under section 10;

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

person includes a partnership;

prepaid funeral agreement means an agreement to supply funeral services, for payment or other valuable consideration, which is made before the death of the recipient;

recipient means a person for whom funeral services are intended to be provided;

regulations means regulations made and in force under this Act;

relationship status means the status of being married or in a significant relationship, within the meaning of the Relationships Act 2003, or in a caring relationship which is the subject of a deed of relationship registered under Part 2 of that Act;

transferee means a person carrying on a funeral business to which the rights and obligations arising from another funeral business are transferred.