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s 18

Secretary may give directions to cemetery trusts

In force

18 Secretary may give directions to cemetery trusts

(1)

The Secretary may give directions to a cemetery trust with respect to—

(a)

the manner in which the cemetery trust is to manage and maintain any public cemetery for which it is responsible; and

S. 18(1)(ab) inserted by No. 61/2009 s. 19(1).

(ab)

the management, operation or governance of the cemetery trust in accordance with this Act; and

S. 18(1)(ac) inserted by No. 61/2009 s. 19(1).

(ac)

any matter arising as a result of an audit under section 50 or an audit or investigation under section 51; and

(b)

the records to be kept by the cemetery trust; and

(c)

the expenditure of funds of the cemetery trust; and

(d)

the carrying out of any other function or the exercise of any other power of the cemetery trust under—

(i)

this Act or any other Act; or

(ii)

the regulations made under this Act (including the model rules) or regulations made under any other Act; or

(iii)

cemetery trust rules.

(2)

A direction given under this section—

(a)

must be in writing; and

(b)

may apply to—

(i)

an individual cemetery trust; or

(ii)

a class of cemetery trusts; or

(iii)

all cemetery trusts.

(3)

A cemetery trust must comply with a direction applying to it under this section.

S. 18(4) inserted by No. 61/2009 s. 19(2).

(4)

A direction given under this section must not—

(a)

refer to the cemetery services or crematoria services provided, or proposed to be provided, by a cemetery trust to a particular person; or

(b)

refer to a decision made under the Act by a cemetery trust in relation to a particular person; or

(c)

refer to a decision by a cemetery trust to employ or engage a particular person; or

(d)

require the supply of goods or services to a cemetery trust by any particular person or other entity unless the supply is in accordance with a tender process.

S. 18A inserted by No. 61/2009 s. 20.

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