Consideration under contract
31 Consideration under contract
A funeral provider must not demand any consideration from any person for any funeral service supplied under a pre-paid funeral contract other than the consideration provided for in the contract.
- 360 penalty units.
Despite subsection (1), a funeral provider may recover charges for a funeral service supplied in respect of a person if—
the funeral service supplied was different from or included an additional service to the funeral service to be supplied under the pre‑paid funeral contract; and
the legal personal representative of the person in respect of whom the funeral is to be supplied has agreed to the different or additional service and before so agreeing, has signed a statement to the effect that he or she was aware that the funeral service specified in the pre-paid funeral contract could be supplied without further cost but that he or she agreed to a different or additional service; and
the charges for the funeral service so supplied are reduced by an amount equal to the value of the consideration (less any administration fee or brokerage fee) given under the contract for the original funeral service.
This Act’s bill:Explanatory memorandumSecond reading speech
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