New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 16

16 How application dealt with

(2) The Minister may refuse an application for an authority if the Minister is not satisfied as to any one or more of the following matters:

(a) that the proposed appeal will be conducted in good faith for charitable purposes,

(b) that all of the persons proposing to conduct the appeal, and all persons associated with the proposed appeal, are fit and proper persons to administer, or to be associated with, a fundraising appeal for charitable purposes,

(c) that the proposed appeal will be administered in a proper manner,

(d) that the grant of an authority would not facilitate the contravention of any Act,

(e) that the applicant can and will ensure that persons conducting or participating in the proposed appeal will comply with the provisions of this Act and the regulations and the conditions of the authority,

(f) that the applicant has furnished all the information required to be furnished in relation to the proposed appeal,

(g) that, having regard to the purposes and activities, or likely activities, of the applicant, names, designations or titles proposed to be used in connection with the proposed appeal are appropriate and not misleading,

(h) that it is in the public interest to grant the authority.

(5) Receipt by the Minister of an application for an authority, or of any further information required, is to be acknowledged by notice (a "receipt notice") to the applicant.

(6) If the Minister has not disposed of an application for an authority within a period of 60 days after the date of the receipt notice for the application (or-if further information is sought during that period-within 60 days after the date of the receipt notice for that information) the application is taken to have been approved. In such a case, the authority is taken to have been duly granted subject only to such conditions as may be prescribed by regulations made for the purposes of this subsection.

(7) Nothing in subsection (6) affects the power of the Minister to vary the conditions of an authority in accordance with the provisions of this Part.