Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fundraising Appeals and Consumer Acts
Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE FUNDRAISING APPEALS
ACT 1998 3
3 Principal Act 3
4 Change of title 3
5 New section 2A inserted 3
2A Object 3
6 Meaning of fundraising appeal 4
7 Meaning of conduct a fundraising appeal 4
8 New sections 12A and 12B inserted 4
12A Portion of funds received for supply of goods or
services directed to fundraising to be disclosed 4
12B Condition concerning manner of disclosure of
portion of funds to be directed to fundraising 5
9 Section 13 repealed 5
10 New section 15A inserted 5
15A Direct debit request form 5
11 Exemption does not cover commercial fundraisers 6
12 Guidelines on imposing conditions on registration 6
13 Duration of registration 6
14 New sections 20AAA and 20AA inserted 7
20AAA When duration of registration may be reduced 7
20AA Process for reducing duration of registration 7
15 Renewal of registration 8
16 Person may apply for review of Director's decision 8
17 Automatic extension of notice of reduction of duration of
registration 9
18 Register 9
19 Regulations 9
561234B.I-7/10/2008 i BILL LA INTRODUCTION 7/10/2008
Clause Page
20 New sections 76 and 77 inserted 9
76 Change of title provision 9
77 Transitional provision relating to duration of
registration 10
21 Statute law revision 10
PART 3--AMENDMENTS TO OTHER ACTS AND REPEAL OF
AMENDING ACT 11
Division 1--Consequential amendments 11
22 Fair Trading Act 1999 11
23 Gambling Regulation Act 2003 11
24 Second-Hand Dealers and Pawnbrokers Act 1989 11
Division 2--Miscellaneous amendments 11
25 Conveyancers Act 2006 11
26 Fair Trading Act 1999 11
27 Goods Act 1958--section 21 amended 12
28 Goods Act 1958--new section 25A inserted 12
25A Contract of sale for goods forming part of bulk quantity 12
29 Liquor Control Reform Act 1998 14
30 Travel Agents Act 1986 15
31 Trustee Companies Act 1984 15
32 Warehousemen's Liens Act 1958 16
10A Intermingled goods 16
Division 3--Repeal of amending Act 18
33 Repeal of amending Act 18
ENDNOTES 19
561234B.I-7/10/2008 ii BILL LA INTRODUCTION 7/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Fundraising Appeals and Consumer
Acts Amendment Bill 2008
A Bill for an Act to rename the Fundraising Appeals Act 1998 as the
Fundraising Act 1998, to make various other amendments to that Act
and other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Fundraising Appeals Act
5 1998--
(i) to rename it as the Fundraising Act
1998;
(ii) to insert an object provision;
561234B.I-7/10/2008 1 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 1--Preliminary
s. 2
(iii) to require the portion of funds received
for the supply of goods or services that
are to be directed to fundraising to be
disclosed;
5 (iv) to enable the Director to reduce the
duration of a fundraiser's registration;
(b) to make consequential and miscellaneous
amendments to several other Acts
including--
10 (i) the Goods Act 1958 in relation to
contracts of sale for goods forming part
of a bulk quantity and to the
Warehousemen's Liens Act 1958 in
relation to such goods that are
15 deposited with warehousemen;
(ii) the Liquor Control Reform Act 1998
in relation to security cameras in
licensed premises.
2 Commencement
20 (1) This Act (except sections 6(2), 7, 8, 10 and 11)
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Subject to subsection (3), sections 6(2), 7, 8, 10
and 11 come into operation on a day or days to be
25 proclaimed.
(3) If section 6(2), 7, 8, 10 or 11 does not come into
operation before 1 November 2009, it comes into
operation on that day.
__________________
561234B.I-7/10/2008 2 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 3
PART 2--AMENDMENTS TO THE FUNDRAISING APPEALS
ACT 1998
3 Principal Act
In this Part, the Fundraising Appeals Act 1998 is See:
Act No.
5 called the Principal Act. 78/1998.
Reprint No. 2
as at
1 August 2007
and
amending
Act Nos
2/2008 and
4/2008.
LawToday:
www.
legislation.
vic.gov.au
4 Change of title
In the title of the Principal Act omit "Appeals".
5 New section 2A inserted
After section 2 of the Principal Act insert--
10 "2A Object
The object of this Act is to facilitate--
(a) transparency and public confidence in
the fundraising industry and in
not-for-profit organisations that
15 conduct fundraising; and
(b) the protection of members of the public
from whom money or a benefit is
solicited for beneficial or benevolent
purposes in the course of fundraising;
20 and
(c) the protection of the public interest in
relation to fundraising.".
561234B.I-7/10/2008 3 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 6
6 Meaning of fundraising appeal
(1) After section 5(2)(c) of the Principal Act insert--
"(ca) the person who solicits or receives the
money or benefit does so as an ongoing
5 activity or in relation to a particular period of
time;".
(2) Section 5(3)(d) of the Principal Act is repealed.
7 Meaning of conduct a fundraising appeal
In section 6(3)(b) of the Principal Act, after
10 "commercial fundraiser" (where secondly
occurring) insert "irrespective of whether the
commercial fundraiser is an agent of the person".
8 New sections 12A and 12B inserted
After section 12 of the Principal Act insert--
15 "12A Portion of funds received for supply of
goods or services directed to fundraising
to be disclosed
(1) A person, who supplies goods or services in
the course of a business and represents that a
20 portion of the money or benefit received in
relation to that supply is to be applied for a
beneficial or benevolent purpose, must
disclose in accordance with subsection (2) to
the person to whom the goods or services are
25 to be supplied the dollar amount or
percentage amount of the money or benefit
to be so applied.
Penalty: In the case of a corporation,
240 penalty units.
30 In any other case, 120 penalty
units.
561234B.I-7/10/2008 4 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 9
(2) For the purposes of subsection (1), the
disclosure must be made--
(a) in writing in accordance with any
condition imposed under section 12B;
5 and
(b) to the person to whom the goods or
services are to be supplied before the
contract in relation to that supply is
entered into.
10 12B Condition concerning manner of
disclosure of portion of funds to be
directed to fundraising
In the case of a registered fundraiser, without
limiting section 19C or 23, the Director may
15 impose a condition on the fundraiser's
registration specifying the manner in which a
disclosure must be made for the purposes of
section 12A.".
9 Section 13 repealed
20 Section 13 of the Principal Act is repealed.
10 New section 15A inserted
After section 15 of the Principal Act insert--
"15A Direct debit request form
A person who conducts a fundraising appeal
25 must ensure that any form used for the
purposes of the appeal to enable donation
using direct debit facilities by a person from
whom money is solicited--
(a) is easily legible; and
30 (b) to the extent that it is printed or typed,
uses a minimum 10 point font; and
561234B.I-7/10/2008 5 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 11
(c) is clearly expressed.
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty
5 units.".
11 Exemption does not cover commercial fundraisers
In section 16B(2) of the Principal Act, after
"appeal" (where secondly occurring) insert
"irrespective of whether the commercial
10 fundraiser does so as an agent of the person or
organisation".
12 Guidelines on imposing conditions on registration
At the end of section 19C of the Principal Act
insert--
15 "(2) The Director, from time to time, may issue
guidelines relating to the imposition of
conditions under subsection (1).
(3) The Director--
(a) must publish the guidelines in the
20 Government Gazette; and
(b) may publish the guidelines on the
Internet.
(4) The guidelines take effect on the date of
publication in the Government Gazette or
25 such later date as is specified in the
guidelines.".
13 Duration of registration
(1) In sections 20(1)(a) and 20(3) of the Principal Act,
for "12 months" substitute "3 years".
561234B.I-7/10/2008 6 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 14
(2) After section 20(1)(a) of the Principal Act
insert--
"(ab) in the case of a person whose last registration
was reduced under section 20AAA, for any
5 shorter period specified by the Director in a
written notice given to the person on
registration; or".
14 New sections 20AAA and 20AA inserted
After section 20 of the Principal Act insert--
10 "20AAA When duration of registration may be
reduced
Despite section 20, the Director may reduce
the duration of a person's registration as a
fundraiser if the Director is satisfied, in
15 relation to a fundraising appeal being
conducted by the person, that the person (or
any person assisting the person to conduct or
administer the appeal) has failed, with
respect to the appeal, to comply with--
20 (a) any provision of this Act; or
(b) any condition specified by the Director
under section 12B, 19C or 23.
20AA Process for reducing duration of
registration
25 (1) Before reducing the duration of a person's
registration as a fundraiser under section
20AAA, the Director--
(a) must give the person a written notice--
(i) stating that the Director is
30 considering whether to reduce the
duration of the person's
registration and the reasons why
the Director is considering doing
so; and
561234B.I-7/10/2008 7 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 15
(ii) inviting the person to make,
within the time specified in the
notice, a submission in relation to
whether or not the Director should
5 reduce the duration of the person's
registration; and
(b) must consider any submission made by
the person within the specified time.
(2) The Director must not specify a period of
10 less than 7 days for the purposes of
subsection (1)(a)(ii).
(3) If the Director decides to reduce the duration
of the person's registration after considering
any submission referred to in subsection
15 (1)(b), the Director must give the person a
second written notice stating that the
duration of the registration is reduced.
(4) The Director must not, under subsection (3),
specify a date on which the person's
20 registration is to end that is less than 28 days
after the date on which notice under that
subsection was given to the person.".
15 Renewal of registration
In section 22(3) of the Principal Act, for "20A"
25 substitute "20, 20AAA, 20AA, 20A".
16 Person may apply for review of Director's decision
(1) In section 33J(1) of the Principal Act--
(a) in paragraph (b), after "section" insert
"12B,";
30 (b) after paragraph (c) insert--
"(ca) to reduce the duration of a person's
registration as a fundraiser;".
(2) In section 33J(4) of the Act, after "subsection"
(where first occurring) insert "(1)(ca),".
561234B.I-7/10/2008 8 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 17
17 Automatic extension of notice of reduction of
duration of registration
(1) In the heading to section 33L of the Principal Act,
after "deregistration" insert "or reduction of
5 duration of registration".
(2) In section 33L(1)(a) of the Principal Act, after
"section" insert "20AA(3) or".
18 Register
In section 70A(3) of the Principal Act--
10 (a) after paragraph (c) insert--
"(ca) details of the total amount of proceeds
raised in fundraising appeals conducted
by registered fundraisers that has been
or is estimated will be distributed to the
15 beneficiaries of the appeals;";
(b) in paragraph (d)--
(i) for "proportion" substitute
"percentage";
(ii) after "been" insert "or will be".
20 19 Regulations
Section 71(1)(c) of the Principal Act is repealed.
20 New sections 76 and 77 inserted
After section 75 of the Principal Act insert--
"76 Change of title provision
25 On the commencement of section 4 of the
Fundraising Appeals and Consumer Acts
Amendment Act 2008, in any Act (other
than this Act) or in any instrument made
under any Act or in any other document of
30 any kind, any reference to the Fundraising
Appeals Act 1998 is deemed to be a
reference to the Fundraising Act 1998 so far
561234B.I-7/10/2008 9 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 2--Amendments to the Fundraising Appeals Act 1998
s. 21
as it applies to any period on or after that
commencement, unless the contrary intention
appears.
77 Transitional provision relating to duration
5 of registration
Despite section 13(1) of the Fundraising
Appeals and Consumer Acts Amendment
Act 2008, the registration, or renewal of
registration, of a person as a fundraiser
10 remains current for 12 months or for any
longer period specified by the Director in a
written notice given to the person on
registration if--
(a) before the commencement of that
15 section, the person applied to register as
a fundraiser or for renewal of
registration; and
(b) the Director subsequently registered, or
is deemed to have registered, the person
20 as a fundraiser.".
21 Statute law revision
(1) In section 32(7) of the Principal Act, for
"subsection (6); and" substitute "subsection (6).".
(2) In section 61D(2) of the Principal Act, for
25 '2006.".' substitute "2006.".
__________________
561234B.I-7/10/2008 10 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 22
PART 3--AMENDMENTS TO OTHER ACTS AND REPEAL
OF AMENDING ACT
Division 1--Consequential amendments
22 Fair Trading Act 1999
5 In Schedule 1 to the Fair Trading Act 1999, for
"Fundraising Appeals Act 1998" substitute
"Fundraising Act 1998".
23 Gambling Regulation Act 2003
In Schedule 6 to the Gambling Regulation Act
10 2003, clause 5 is repealed.
24 Second-Hand Dealers and Pawnbrokers Act 1989
In section 4(c) of the Second-Hand Dealers and
Pawnbrokers Act 1989 omit "Appeals".
Division 2--Miscellaneous amendments
15 25 Conveyancers Act 2006
After section 168(3) of the Conveyancers Act
2006 insert--
"(4) Despite anything in any other Act, a sale,
lease, transfer or other dealing with a thing in
20 contravention of this section is void.".
26 Fair Trading Act 1999
In section 3 of the Fair Trading Act 1999 for the
definition of goods substitute--
"goods includes--
25 (a) in the definition of hire-purchase
agreement, all chattels personal other
than money or things in action;
561234B.I-7/10/2008 11 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 27
(b) in any other case includes--
(i) ships, aircraft and other vehicles;
and
(ii) animals (including fish); and
5 (iii) minerals, trees and crops, whether
on, under or attached to land or
not; and
(iv) gas, electricity, water, sewerage
and telecommunications;".
10 27 Goods Act 1958--section 21 amended
In section 21 of the Goods Act 1958, for "Where"
substitute "Subject to section 25A, where".
28 Goods Act 1958--new section 25A inserted
After section 25 of the Goods Act 1958 insert--
15 "25A Contract of sale for goods forming part of
bulk quantity
(1) This section applies to a contract of sale for a
specified quantity of unascertained goods of
which some or all form part of a single bulk
20 quantity of goods of the same kind (the bulk)
if--
(a) the bulk is identified, either in the
contract or by subsequent agreement
between the parties; and
25 (b) the buyer has paid for some or all of the
goods that form part of the bulk.
(2) Unless the parties agree otherwise, as soon
as both of the conditions referred to in
subsection (1) have been met--
30 (a) property in an undivided share in the
bulk is transferred to the buyer; and
561234B.I-7/10/2008 12 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 28
(b) the buyer becomes an owner in
common of the bulk.
(3) The buyer's undivided share in the bulk at
any time is such share as, at that time, is
5 equivalent to the quantity of goods paid for
and due to the buyer out of the bulk divided
by the quantity of goods in the bulk.
(4) If at any time the aggregate of all buyers'
undivided shares in the bulk exceeds the
10 whole of the bulk, those shares are to be
reduced proportionately so that their
aggregate is equal to the bulk.
(5) If a buyer has paid for some only of the
goods due to the buyer out of the bulk, any
15 delivery to the buyer out of the bulk is to be
attributed to the goods for which payment
has been made.
(6) Part payment for any goods is taken to be
payment for a corresponding part of the
20 goods.
(7) A person who becomes an owner in common
of the bulk is taken to consent to--
(a) any delivery of goods out of the bulk to
any other owner in common of the
25 bulk, being goods that are due to that
other owner under a contract to which
this section applies; and
(b) any dealing with, or removal, delivery
or disposal of, goods in the bulk by any
30 other owner in common of the bulk, but
only to the extent of that other owner's
undivided share in the bulk.
561234B.I-7/10/2008 13 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 29
(8) No cause of action lies against any person by
reason of that person having acted in
accordance with subsection (7)(a) or (7)(b)
in reliance on the consent that exists by
5 virtue of that subsection.
(9) Nothing in this section--
(a) imposes an obligation on a buyer of
goods out of the bulk to compensate
any other buyer of goods out of the
10 bulk for any shortfall in the quantity of
goods received by that other buyer; or
(b) affects any contract or other
arrangement between buyers of goods
out of the bulk for adjustments between
15 themselves; or
(c) affects the rights of any buyer under a
contract to which this section applies.
(10) This section does not apply to a contract of
sale entered into before the commencement
20 of section 28 of the Fundraising Appeals
and Consumer Acts Amendment Act
2008.".
29 Liquor Control Reform Act 1998
(1) For section 18B(2) of the Liquor Control
25 Reform Act 1998 substitute--
"(2) In relation to licensed premises the licence
for which includes a condition requiring the
premises to be fitted with security cameras,
the regulations may prescribe the testing of
30 the security cameras to ensure compliance
with any standard referred to in
subsection (1) including--
561234B.I-7/10/2008 14 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 30
(a) prescribing any standard, rule,
guideline, specification or method
formulated for the testing of the
security cameras;
5 (b) prescribing the times at which tests
must be made;
(c) prescribing the persons or class of
persons who are to carry out the tests.".
(2) After section 180(3)(c) of the Liquor Control
10 Reform Act 1998 insert--
"(ca) may be made so as to incorporate, adopt or
apply wholly or partially or as amended by
the regulations, the provisions of any
document, standard, guideline, rule,
15 specification or method formulated, issued,
prescribed or published by any authority or
body whether--
(i) as formulated, issued, prescribed or
published at the time the regulation is
20 made or at any time before the
regulation is made; or
(ii) as amended from time to time;".
30 Travel Agents Act 1986
In section 21(3) of the Travel Agents Act 1986,
25 for "subsection (1)(b)" substitute "subsection
(1)(c)".
31 Trustee Companies Act 1984
(1) In section 52(5) of the Trustee Companies Act
1984, for "January, April, July" substitute
30 "February, April, August".
561234B.I-7/10/2008 15 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 32
(2) In Schedule 2 to the Trustee Companies Act
1984--
(a) for "ANZ Executors and Trustee Company
Limited" substitute "ANZ Trustees
5 Limited";
(b) for "Tower Trust Limited" substitute
"Australian Executor Trustees";
(c) for "Tower Trust (SA) Limited" substitute
"Australian Executor Trustees (SA)
10 Limited";
(d) for "Perpetual Trustees Australia Limited"
substitute "Perpetual Limited";
(e) for "Permanent Trustee Company Limited"
substitute "Trust Company Fiduciary
15 Services Limited";
(f) for "Trust Company of Australia Limited"
substitute "Trust Company Limited".
32 Warehousemen's Liens Act 1958
After section 10 of the Warehousemen's Liens
20 Act 1958 insert--
"10A Intermingled goods
(1) This section applies to goods that have been
deposited with a warehouseman by their
owner, or by his or her authority, and that
25 have become intermingled with other goods
of the same kind owned by, or deposited
with, the warehouseman so as to form a
single bulk quantity (the bulk).
(2) Unless the parties otherwise agree, as from
30 the time the goods become part of the bulk--
(a) the owner's property in the goods
becomes property in an undivided share
in the bulk; and
561234B.I-7/10/2008 16 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 32
(b) the owner becomes an owner in
common of the bulk; and
(c) subject to paragraph (d), the owner and
warehouseman each have, in relation to
5 the owner's undivided share in the bulk,
the same obligations as they would
have had in relation to the goods had
they not become part of the bulk; and
(d) the warehouseman's obligation to
10 deliver the goods to, or to the order of,
the owner becomes an obligation to
deliver an equivalent quantity of goods
out of the bulk to, or to the order of, the
owner.
15 (3) The owner's undivided share in the bulk at
any time is such share as, at that time, is
equivalent to the quantity of goods that have
been deposited by the owner less the quantity
of goods that have been delivered out of the
20 bulk to, or to the order of, the owner.
(4) If at any time the aggregate of all owners'
undivided shares in the bulk exceeds the
whole of the bulk, those shares are to be
reduced proportionately so that their
25 aggregate is equal to the bulk.
(5) A person who becomes an owner in common
of the bulk is taken to consent to--
(a) any delivery of goods out of the bulk to
any other owner in common of the
30 bulk, being goods to which this section
applies; and
(b) any dealing with, or removal, delivery
or disposal of, goods in the bulk by any
other owner in common of the bulk, but
35 only to the extent of that other owner's
undivided share in the bulk.
561234B.I-7/10/2008 17 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Part 3--Amendments to other Acts and Repeal of Amending Act
s. 33
(6) No cause of action lies against any person by
reason of that person having acted in
accordance with subsection (5)(a) or (5)(b)
in reliance on the consent that exists by
5 virtue of that subsection.
(7) This section does not apply to goods
deposited with a warehouseman before the
commencement of section 32 of the
Fundraising Appeals and Consumer Acts
10 Amendment Act 2008.".
Division 3--Repeal of amending Act
33 Repeal of amending Act
This Act is repealed on 1 November 2010.
Note
15 The repeal of this Act does not effect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561234B.I-7/10/2008 18 BILL LA INTRODUCTION 7/10/2008
Fundraising Appeals and Consumer Acts Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561234B.I-7/10/2008 19 BILL LA INTRODUCTION 7/10/2008
[Index] [Search] [Download] [Related Items] [Help]