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Legislative Assembly for the ACT: 2003 Week 2 Hansard (6 March) . . Page.. 690 ..
omit clause 11 (1), substitute
(1) A person commits an offence if the person-
(a) becomes the operator of a cemetery or crematorium; and
(b) does not, within 1 month after the day the person becomes operator, open a trust account (a perpetual care fund ) with an authorised deposit-taking institution (ADI ) under a title that includes the name of the cemetery or crematorium and the words 'perpetual care fund' for the cemetery or crematorium.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(1A) The operator of a cemetery or crematorium commits an offence if the operator does not maintain a perpetual care fund for the cemetery or crematorium.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Proposed new clause 56A
Page 31, line 16-
56A Perpetual care fund offence
(1) This section applies to a person who is the operator of a cemetery or crematorium if the person operated the cemetery or crematorium immediately before the commencement of this Act.(2) Section 11 (1) (Perpetual care funds) applies to the person as if the person became the operator on the commencement of section 11 (1).
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