s.10(1)
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You must provide our Director with registration information
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10 penalty units
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s.10(2)
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You must notify our Director of any change to registration information within 14 days of the change
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10 penalty units
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s.11(1,2)
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You must respond to a request from our Director for registration information within 28 days
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10 penalty units
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s.16(1)
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You must provide our Director with information from the pre-paid funeral contracts register
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60 penalty units
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s.18(2)
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You must respond to a request from our Director to confirm information from the pre-paid funeral contracts register is correct
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10 penalty units
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s.19(1)
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You must not make false or misleading statements about the funeral providers register or the pre-paid funeral contracts register
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60 penalty units in the case of an individual
120 penalty units in any other case
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s.20(1)
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You must offer the option of a basic funeral service
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60 penalty units
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s.21(1)
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You must produce a clear and legible price list of your funeral goods and services
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60 penalty units
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s.22
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You must give a copy of your funeral goods and services price list to:
- any person who asks about your funeral goods or services and prices
- any other person on request
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60 penalty units
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s.23
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You must give a copy of a clear and legible list of the description and total price of each coffin available to purchase to:
- any person who asks about coffins and prices
- any other person on request
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60 penalty units
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s.24(1)
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You must give customers an itemised statement of funeral costs before entering into an agreement for the provision of funeral goods or services
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60 penalty units
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s.24(2)
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You must ensure items on the statement of funeral costs (except disbursements) correspond with items on the funeral goods and services price list
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60 penalty units
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s.24(3)
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You must ensure the statement of funeral costs lists disbursements separately
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60 penalty units
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s.24(4)
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You must, if you do not know the cost of disbursements at the time of providing statement of funeral costs:
- include a reasonable estimate
- provide a further written statement of the actual disbursements with the final invoice
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60 penalty units
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s.24(5)
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You must ensure the statement of funeral costs includes your complaints handling procedure
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60 penalty units
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s.27
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You must, before entering into a pre-paid funeral contract, give each party to the contract details in writing of:
- how any money paid under the contract will be invested
- terms and conditions
- administration or brokerage fees
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360 penalty units
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s.28(1)
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You must not enter into a contract unless it:
- is in writing
- complies with this section of the Act
- contains any other terms and conditions
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600 penalty units
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s.28(5)
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You must give each party to the contract a copy of the contract
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120 penalty units
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s.29(1)
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You must invest all pre-paid funeral money as instructed in this section of the Act
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600 penalty units
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s.30(1)
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You must invest pre-paid funeral money:
- in the name of the funeral contract customer
- in accordance with the contract
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600 penalty units
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s.30(2)
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You must invest pre-paid funeral money:
- within three business days for cash
- within seven business days for other payments
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600 penalty units
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s.30(3)
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You must give each party to the contract copies of any documents relating to the payment or investment of pre-paid funeral money within 21 days of receiving the money
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120 penalty units
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s.30(5)
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You must inform the investment body that the investment is for a pre-paid funeral contract
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120 penalty units
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s.31(1)
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You must not demand financial benefit from a person for a funeral service supplied under a pre-paid funeral contract other than the financial benefit provided for in the contract
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360 penalty units
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s.32(1)
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You must not accept money payable under an investment specified in a pre-paid funeral contract unless the funeral service has been supplied in accordance with the contract
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360 penalty units
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s.32(2)
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You must not accept commission or other payment from any person relating to any investment of pre-paid funeral money, other than the financial benefit provided for in the contract
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360 penalty units
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s.33(1)
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You must give a receipt to a person making a payment towards a pre-paid funeral:
- without delay for cash payments
- within three business days for other payments
- within three business days if requested
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10 penalty units
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s.38(1)
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You must, when a contract is terminated under s.37 before the death of the funeral contract holder:
- transfer to the contract holder or their legal representative any interest the funeral provider has in the financial benefit paid under the contract on behalf of that party
- transfer to the contract holder any money they have paid that has not been invested
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360 penalty units
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s.38(2)
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You must, when a contract is terminated under s.37 on or after the death of the funeral contract holder:
- transfer to the contract holder’s legal representative any interest the funeral provider has in the financial benefit paid under the contract
- transfer to the contract holder’s legal representative any money they have paid that has not been invested
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360 penalty units
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s.42
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You must keep a pre-paid funerals contract register
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60 penalty units
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s.43
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You must keep copies of any documents relating to the contract, investment of money, and receipt, for at least three years after the death of the funeral contract holder
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60 penalty units
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s.44(1)
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You must keep accounting and other records of your pre-paid funeral business
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60 penalty units
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s.49(1)
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You must establish and maintain a procedure for dealing with customer complaints
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60 penalty units
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s.50
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You must set out the complaints handling procedure in writing
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60 penalty units
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s.51
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You must immediately provide a copy of the document setting out the complaints handling procedure to any customer who makes a complaint
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60 penalty units
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s.53(4)
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You must give our Director any information or documents necessary to determine whether you, or any other person, have complied with the Act or have ever been required by law to comply with the Act
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120 penalty units in the case of an individual
240 penalty units in any other case
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s.69
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You must give information, documents and assistance, which is reasonably necessary to determine whether the Act has been breached,
to our inspectors
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60 penalty units
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s.70
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You must not provide false or misleading information or documents
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60 penalty units
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s.72
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You must not hinder or obstruct our inspectors
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60 penalty units
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