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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fundraising Appeals (Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Changes to definitions 2
4. Additional reference provisions 4
5. Modification of exemption 5
6. Meaning of "conduct" a fundraising appeal 5
7. Insertion of sections 6A and 6B 6
6A. Meaning of "associate" 6
6B. Interpretation of "public interest" 6
8. Exemptions from registration 7
9. Insertion of sections 16A and 16B 7
16A. Other exemptions from this Part 7
16B. Exemption does not cover commercial fundraisers 9
10. Substitution of Division 2 of Part 3 9
Division 2--Registration of Fundraisers 9
17. Meaning of "intended appeal" 9
17A. Fundraisers must be registered 9
18. Application for registration as a fundraiser 10
18A. Consent of intended beneficiaries also needed 13
18B. Urgent applications 14
18C. Application if exemption ceases to apply 14
18D. Information concerning applications 15
18E. Director may obtain information from Chief
Commissioner of Police 15
18F. Consent to disclosure of information may be required 16
19. Registration as a fundraiser 17
19A. Registration to be refused in certain cases 17
19B. Director may refuse registration in certain cases 19
19C. Conditions on registration 20
20. Duration of registration 21
20A. Details of registration to be given in the register 21
21. Deemed registration if no response within 21 days 22
22. Renewal of registration 22
23. Director may impose conditions at any time 23
23A. Condition concerning distribution of proceeds 25
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Clause Page
Division 2A--Notification of Changes 25
24. Change of appeal manager to be notified 25
24A. Retention of commercial fundraiser to be notified 26
24B. Bankruptcy, convictions etc. to be notified 26
24C. Addition of beneficiaries to be notified 28
24D. Change of contact person to be notified 29
11. Substitution of sections 25 and 26 30
25. Appeals must be conducted in accordance with
conditions imposed and details given 30
26. Proceeds may only be given to beneficiaries 30
12. Minor consequential amendments 32
13. Operative date for preparation of final accounts 32
14. Insertion of Division 7 into Part 3 32
Division 7--Deregistration of Fundraisers 32
33A. Director may deregister fundraiser 33
33B. Process for expedited deregistration 34
33C. Process for other deregistration 35
33D. Action to be taken on deregistration 36
33E. Additional obligations of deregistered commercial
fundraisers 37
33F. Additional obligation on person using commercial
fundraiser 38
33G. Restriction on fundraisers if notice of deregistration
given 38
33H. Action to be taken if registration expires 39
33I. Change of circumstance affects power to deregister 39
33J. Person may apply for review of Director's decision 40
33K. Certain actions not subject to review 41
33L. Automatic extension of notice of deregistration 41
33M. Automatic reversal if Court order quashed etc. 42
15. Power of Court to stop appeals 43
16. Insertion of section 35A 45
35A. Court may make orders concerning distribution of
appeal assets 45
17. Power to require information 46
18. Insertion of sections 61A and 61B 46
61A. Director may order distribution of assets 46
61B. Director may appoint an administrator 47
19. Insertion of sections 64A and 64B 48
64A. Appointment and role of responsible person 48
64B. Change of responsible person 49
20. Insertion of sections 70A and 70B 50
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Clause Page
70A. Register 50
70B. Public information statements 51
21. Additional regulation-making power 52
22. Creation of new Part 52
23. Insertion of sections 74 and 75 52
74. Registration as fundraiser not required in certain cases 52
75. Temporary continuation of exemptions 53
24. Changes to references to the Minister 53
ENDNOTES 55
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PARLIAMENT OF VICTORIA
Initiated in Council 19 June 2001
A BILL
to amend the Fundraising Appeals Act 1998 and for other purposes.
Fundraising Appeals (Amendment) Act
2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Fundraising Appeals Act 1998--
(a) to establish a registration system for certain
5 fundraisers; and
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Fundraising Appeals (Amendment) Act 2001
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Act No.
(b) to impose restrictions in relation to who may
have managerial or financial responsibility
for a fundraising appeal; and
(c) to enable the issue of public statements and
5 warnings in relation to fundraising appeals;
and
(d) to generally improve the operation of that
Act.
2. Commencement
10 (1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
15 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2002, it
comes into operation on that day.
3. Changes to definitions
20 In section 3 of the Fundraising Appeals Act
1998, insert the following definitions--
' "appeal manager", in relation to a fundraising
appeal, means a person who has any
managerial or financial responsibility for the
25 appeal;
"associate" has the meaning set out in
section 6A;
"Director" means the Director of Consumer and
Business Affairs;
30 "disqualifying offence" means--
(a) an offence involving fraud, dishonesty,
violence or drug trafficking that is
punishable by imprisonment for
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3 months or more in the case of a
natural person, or by a fine of $10 000
or more in the case of a body corporate;
or
5 (b) an offence under this Act;
"externally-administered body corporate" has
the same meaning as in the Corporations
Act;
"insolvent under administration" means--
10 (a) a person who is an undischarged
bankrupt; or
(b) a person for whom a debt agreement
has been made under Part IX of the
Bankruptcy Act 1966 of the
15 Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the debt agreement has
not ended or has not been terminated;
or
20 (c) a person who has executed a deed of
arrangement under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
25 jurisdiction) if the terms of the deed
have not been fully complied with; or
(d) a person whose creditors have accepted
a composition under Part X of the
Bankruptcy Act 1966 of the
30 Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if a final payment has not
been made under that composition;
"register" means the register required by
35 section 70A;
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"registered fundraiser" means a person who is
registered as a fundraiser by the Director
under Division 2 of Part 3;
"responsible person" means the responsible
5 person named for the purposes of section
64A by an incorporated person under section
18(2)(k) or 64B;'.
4. Additional reference provisions
After section 4(6) of the Fundraising Appeals
10 Act 1998 insert--
"(7) A reference in this Act to being found guilty
of an offence includes a reference to having
a charge of committing that offence found
proven.
15 (8) A reference in this Act to an offence under
this Act, in relation to a finding of guilt,
includes a reference to an offence under the
Fundraising Appeals Act 1984.
(9) A reference in this Act to the registration of
20 a person as a fundraiser includes a reference
to the deemed registration of the person as a
fundraiser.
(10) A reference to assets obtained as a result of a
fundraising appeal includes, in so far as the
25 reference relates to a particular point of time,
a reference to any assets that are received in
relation to the appeal after that time.
(11) The provisions of this section are subject to
any contrary intention in any other section of
30 this Act.".
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5. Modification of exemption
For section 5(3)(c) of the Fundraising Appeals
Act 1998 substitute--
"(c) the soliciting or receipt of any money or
5 benefit by, or on behalf of, an organisation
from a person--
(i) who is, or was, a member of the
organisation; or
(ii) who is in the process of becoming a
10 member of the organisation; or
(iii) who is a relative of, or who is
personally acquainted with, any person
referred to in sub-paragraph (i) or (ii)--
even if the money or benefit is solicited or
15 received on the basis that it will be applied
for purposes other than the benefit of the
organisation;".
6. Meaning of "conduct" a fundraising appeal
For sections 6(3) and 6(4) of the Fundraising
20 Appeals Act 1998 substitute--
"(3) If a person who conducts a fundraising
appeal retains a commercial fundraiser to
administer all or part of the appeal, a
reference in this Act to the person
25 conducting the appeal is a reference--
(a) to the person in respect of the appeal as
a whole and of any aspect of the appeal
that encompasses the appeal as a whole
(such as a requirement to produce
30 accounts relating to the appeal); and
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(b) to the commercial fundraiser in respect
of any aspect of the appeal that is being
administered by the commercial
fundraiser; and
5 (c) to the person in respect of any other
aspect of the appeal.".
7. Insertion of sections 6A and 6B
After section 6 of the Fundraising Appeals Act
1998 insert--
10 '6A. Meaning of "associate"
For the purposes of this Act, a person is an
associate of another person--
(a) if the person is able, or will be able, to
have a significant influence over, or
15 with respect to, the management or
operation of the fundraising activities
of the other person; or
(b) in the case of another person that is a
body corporate, if the person is a
20 director, secretary or manager of the
other person.
6B. Interpretation of "public interest"
Without limiting the generality of the
meaning of "public interest", for the
25 purposes of this Act a fundraising appeal is
not conducted in the public interest if, in the
opinion of the Court or the Director, as the
case may be, the expenses payable in respect
of the appeal in a particular period exceed a
30 reasonable proportion of the total amount
raised in that period.'.
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8. Exemptions from registration
In section 16 of the Fundraising Appeals Act
1998--
(a) in sub-section (1), for "(1) This" substitute
5 "Subject to section 16B, this";
(b) sub-sections (2), (3) and (4) are repealed.
9. Insertion of sections 16A and 16B
After section 16 of the Fundraising Appeals Act
1998 insert--
10 '16A. Other exemptions from this Part
(1) The Minister, by Order published in the
Government Gazette--
(a) may exempt a person or organisation,
or a class of person or organisation,
15 from having to comply with all, or any
provision, of this Part; and
(b) may impose conditions in relation to
any exemption granted under paragraph
(a).
20 (2) The Minister may declare, by Order
published in the Government Gazette--
(a) that a specified person or organisation,
or a specified sub-class of person or
organisation, falls within a class created
25 by an Order made under sub-
section (1);
(b) that a specified person or organisation,
or a specified sub-class of person or
organisation, is not exempt from this
30 Part, even though the person,
organisation or sub-class falls within a
class created by an Order made under
sub-section (1).
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(3) A declaration under sub-section (2) has
effect according to its tenor.
(4) If a condition applies in relation to an
exemption applying to a person or
5 organisation under this section, the
exemption does not apply to the person or
organisation during any period in which the
person or organisation does not comply with
the condition.
10 (5) On or before the 6th sitting day after an
Order made under this section is published in
the Government Gazette, the Minister must
ensure that a copy of the Order is laid before
each House of the Parliament.
15 (6) A failure to comply with sub-section (5)
does not affect the operation or effect of the
Order but the Scrutiny of Acts and
Regulations Committee of the Parliament
may report the failure to each House of the
20 Parliament.
(7) An Order made under this section may be
disallowed in whole or in part by either
House of Parliament.
(8) Part 5 of the Subordinate Legislation Act
25 1994 applies to an Order made under this
section as if--
(a) a reference in that Part to a "statutory
rule" was a reference to the Order; and
(b) a reference in section 23(1)(c) of that
30 Part to "section 15(1)" was a reference
to sub-section (5).
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16B. Exemption does not cover commercial
fundraisers
(1) This section applies if all or part of this Part
does not apply to a person or organisation as
5 a result of section 16 or 16A.
(2) If the person or organisation retains a
commercial fundraiser to administer all or
part of a fundraising appeal, this Part applies
to the commercial fundraiser in respect of
10 the appeal.'.
10. Substitution of Division 2 of Part 3
For Division 2 of Part 3 of the Fundraising
Appeals Act 1998 substitute--
'Division 2--Registration of Fundraisers
15 17. Meaning of "intended appeal"
In this Division, "intended appeal" means
any fundraising appeal that a person
applying to be registered as a fundraiser
intends, at the time of submitting the
20 application, to conduct if the person is
registered as a fundraiser.
17A. Fundraisers must be registered
Subject to Division 1, a person must not
conduct a fundraising appeal unless she or he
25 is registered by the Director as a fundraiser.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty
units or imprisonment for
30 12 months or both.
Note: In the case of a person who ceases to be exempt
from this Part while the person is conducting a
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fundraising appeal, section 18C suspends the
operation of this section for a limited period.
18. Application for registration as a fundraiser
(1) A person who wishes to apply to register as a
5 fundraiser must submit an application for
registration to the Director at least 28 days
before the date she or he intends to start
conducting any fundraising appeal.
Note: Section 18B enables the submission of an
10 application for registration within 28 days of an
intended appeal if there are special
circumstances. In the case of a person who
ceases to be exempt from this Part while the
person is conducting a fundraising appeal,
15 section 18C supplants the 28 day time limit
specified in this sub-section.
(2) The application must be in the form required
by the Director and must state--
(a) the name of the person;
20 (b) if the person is a natural person, her or
his residential or principal business
address in Victoria;
(c) if the person is a corporation, the
address in Victoria of its registered
25 office or principal place of business;
(d) if the person is an incorporated
association or an unincorporated
organisation, the name and address of a
natural person in Victoria appointed for
30 the purposes of this Act as the
designated person of the organisation;
(e) the name and contact details of a
natural person who members of the
public may contact in relation to any
35 fundraising appeals to be conducted by
the person;
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(f) the name and address of any person
who is, or who it is intended will be, an
appeal manager for any fundraising
appeals to be conducted by the person;
5 (g) either--
(i) the name of every person on
whose behalf the person intends to
conduct a fundraising appeal; or
(ii) the common features shared by
10 the class of person for whose
benefit the person intends to
conduct a fundraising appeal, and
the means by which the money or
benefit is to be transmitted to that
15 class or is to be distributed among
the individual members of that
class; or
(iii) if any intended appeal is not to be
conducted for the immediate
20 direct benefit of one or more
people, a description of the thing
or cause for which the appeal is to
be conducted, and the means by
which the money or benefit will
25 be applied to the thing or cause;
(h) with respect to any intended appeal--
(i) whether the person is to derive
any money or benefit from the
appeal;
30 (ii) the date on which it is intended to
conduct, or start, the appeal;
(iii) the form of the appeal;
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(i) if applicable, details (including the
number) of the account that the person
intends to use for the purposes of
section 27(2);
5 (j) if the person has retained, or intends to
retain, a commercial fundraiser or other
person to administer part or all of an
intended appeal, the name and address
of that commercial fundraiser or other
10 person;
(k) if the person is an incorporated
association that was not incorporated in
Victoria, the name and address of a
person appointed for the purposes of
15 this Act as the responsible person of the
association;
(l) any other information required by the
Director for the purposes of this Part.
Note: Paragraph (l) would, for instance, enable the
20 Director to seek information in an application
about associates of the person submitting the
application to enable the Director to determine
whether grounds for refusing the application
exist under section 19B(3).
25 (3) A number of people who are not an
unincorporated organisation may combine to
be registered as a fundraiser.
(4) If a number of people combine to be
registered as a fundraiser--
30 (a) the application must also contain the
name and address of each of them; and
(b) they are deemed to be an
unincorporated organisation.
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(5) The Director may modify the requirements
of sub-section (2) to enable a person who is
an organisation that is divided into a number
of divisions or branches or other sub-groups
5 to apply to register as a fundraiser without
providing all the details required by that sub-
section in relation to any person acting on
behalf of a division, branch or sub-group.
(6) In the case of an application by a person who
10 is an incorporated association that was not
incorporated in Victoria, the application
must be accompanied by the consent
required by section 64A(3) signed by the
person appointed as the responsible person
15 of the association.
18A. Consent of intended beneficiaries also
needed
(1) An application for registration as a
fundraiser must be accompanied by--
20 (a) the written consent to an intended
appeal of each intended beneficiary of
the appeal; or
(b) a written explanation of why it is not
practicable to comply with
25 paragraph (a).
(2) If the intended beneficiaries of an intended
appeal are the members of an organisation,
the written consent of a duly authorised
representative of the organisation is
30 sufficient compliance with sub-section (1)(a)
with respect to the members of the
organisation.
(3) For the purposes of this section, a person
who will conduct or administer an intended
35 appeal is not a beneficiary of the appeal
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unless the person is listed under section
18(2)(g)(i) or falls within a class described
under section 18(2)(g)(ii).
18B. Urgent applications
5 (1) Despite section 18(1), a person may apply to
register as a fundraiser less than 28 days
before the date she or he intends to start
conducting any fundraising appeal if there
are special circumstances.
10 (2) In addition to the information required by
section 18, an application submitted under
this section must set out those special
circumstances.
18C. Application if exemption ceases to apply
15 (1) This section applies if a person who was
exempt from this Part ceases to be exempt
while the person is conducting a fundraising
appeal.
(2) The person must apply to be registered as a
20 fundraiser within--
(a) 28 days after the exemption ceases to
apply if the cessation is the result of the
making of a new Order under
section 16A; or
25 (b) in any other case, 28 days after the
person becomes aware that the
exemption no longer applies, or will no
longer apply (whichever occurs first).
(3) Section 17A does not apply to the person
30 until the expiry of the relevant period in sub-
section (2).
(4) For the purposes of this section, section
18(1) is to be read as if "at least 28 days
before the date she or he intends to start
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conducting any fundraising appeal" was
omitted.
(5) Sections 18(2), 18A, 19B and 19C apply to
an application for registration to which this
5 section applies as if a reference in those
sections to a fundraising appeal to be
conducted, or that it is intended to conduct,
or to an intended appeal, included a
reference to the appeal that the person is
10 conducting.
(6) Section 19A(2) applies to an application for
registration to which this section applies as if
a reference in section 19A(2) to a
fundraising appeal that a person may conduct
15 included a reference to the appeal that the
person is conducting.
(7) Section 19B(4) does not apply to an
application for registration to which this
section applies.
20 18D. Information concerning applications
(1) The Director may, within 21 days after
receiving an application for registration, seek
further information in relation to the
application from the person who submitted
25 the application.
(2) If the Director seeks further information
from a person under sub-section (1), the
Director may, within 14 days of receiving
the information, seek further information in
30 relation to the application from the person.
18E. Director may obtain information from
Chief Commissioner of Police
(1) On receiving an application for registration,
the Director may ask the Chief
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Commissioner of Police to give the Director
information concerning--
(a) the criminal record, if any, of--
(i) any person named in the
5 application; and
(ii) any person the Director believes,
on reasonable grounds, may be an
associate of the person who
submitted the application; and
10 (b) any other matter in relation to the
application on which the Chief
Commissioner may have information.
(2) The Chief Commissioner must, not more
than 14 days after receiving such a request,
15 give the requested details to the Director.
(3) The Chief Commissioner must comply with
a request made under sub-section (1)(a)(ii) if
the Director states that she or he believes
that she or he has reasonable grounds for
20 making the request.
18F. Consent to disclosure of information may
be required
(1) The Director may require a person
submitting an application for registration to
25 provide the Director with any consent
required by another person or body to enable
the Director to obtain from the other person
or body information to check or confirm any
information set out in the application.
30 (2) A reference in this Part to seeking further
information in relation to an application
includes a reference to requiring the
provision of any consent referred to in sub-
section (1).
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(3) A reference to a consent in this section
includes a reference to the consent of a
person other than the person submitting the
application.
5 Note: Sub-section (3), would, for instance, enable the
Director to require a person submitting an application
to obtain the consent to a criminal record check of a
person whom the Director believes on reasonable
grounds is an associate of the person before the
10 Director makes a final decision on whether or not to
grant the application.
19. Registration as a fundraiser
On receiving an application for registration
from a person and after making any enquiries
15 the Director considers to be appropriate, the
Director may--
(a) register the person as a fundraiser; or
(b) refuse to register the person as a
fundraiser.
20 19A. Registration to be refused in certain cases
(1) The Director must not register a person as a
fundraiser if the person, or any person named
in the application as an appeal manager--
(a) is an insolvent under administration or
25 is an externally-administered body
corporate; or
(b) has been found guilty of a disqualifying
offence within the 10 years
immediately before the application for
30 registration was lodged; or
(c) is a represented person within the
meaning of the Guardianship and
Administration Act 1986; or
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(d) was an appeal manager for a
fundraising appeal within the 10 years
immediately before the application for
registration was lodged that was
5 conducted by a person who was found
guilty of a disqualifying offence within
that period.
(2) The Director must not register a person as a
fundraiser if, in the opinion of the Director,
10 there are reasonable grounds to suspect--
(a) that the person (or any person named in
the application who may be involved in
any fundraising appeal that the person
may conduct) will not comply with any
15 provision of this Act in relation to any
fundraising appeal that the person may
conduct; or
(b) that any fundraising appeal that the
person may conduct will not be
20 conducted or administered in good faith
for the purposes stated to those from
whom money will be sought; or
(c) that any fundraising appeal that the
person may conduct will be contrary to
25 the public interest.
(3) Despite sub-section (1), the Director may
register a person as a fundraiser even though
the person or an appeal manager falls within
a category described in sub-section (1)(b) or
30 (1)(d) if the Director is satisfied that
circumstances exist that make it appropriate
to register the person.
(4) Despite sub-section (3), the Director must
not register a person as a fundraiser if the
35 person or an appeal manager has been found
guilty of an offence under this Act within the
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10 years immediately before the application
for registration was lodged.
19B. Director may refuse registration in certain
cases
5 (1) The Director may refuse to register a person
as a fundraiser if, in the opinion of the
Director--
(a) the application for registration contains
false or misleading information; or
10 (b) there are significant omissions in the
application for registration or the
application is incomplete in a
significant way; or
(c) the explanation of why the consent of a
15 beneficiary of an intended appeal has
not been supplied is not adequate or
satisfactory; or
(d) in the case of an intended appeal on
behalf of a class of beneficiary, the
20 description of the class is too vague, or
the class is insufficiently identified.
(2) The Director may refuse to register a person
as a fundraiser if any person named in the
application as an appeal manager is not, in
25 the opinion of the Director, a fit and proper
person to be associated with a fundraising
appeal.
(3) The Director may refuse to register a person
as a fundraiser if any associate of the
30 person--
(a) is an insolvent under administration or
is an externally-administered body
corporate; or
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(b) has been found guilty of a disqualifying
offence within the 10 years
immediately before the application for
registration was lodged; or
5 (c) is not, in the opinion of the Director, a
fit and proper person to be associated
with a fundraising appeal; or
(d) was an appeal manager for a
fundraising appeal within the 10 years
10 immediately before the application for
registration was lodged that was
conducted by a person who was found
guilty of a disqualifying offence within
that period.
15 (4) The Director may refuse to register a person
as a fundraiser--
(a) if the application for registration is
submitted less than 28 days before the
date the person intends to start
20 conducting a fundraising appeal; or
(b) if the person complies with section
18B, if the Director is of the opinion
that there are no special circumstances.
19C. Conditions on registration
25 In registering a person as a fundraiser, the
Director may impose conditions on the
person in relation to the conduct by the
person--
(a) of fundraising appeals generally; or
30 (b) of any intended appeal.
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20. Duration of registration
(1) The registration of a person as a fundraiser
remains current--
(a) for 12 months from the date of
5 registration; or
(b) for any longer period specified by the
Director in a written notice given to the
person on registration--
unless the person is deregistered in
10 accordance with this Act before that period
expires.
(2) The Director may not specify a period under
sub-section (1)(b) that is more than 5 years
after the date of registration.
15 (3) The registration of a person who is deemed
to be registered as a fundraiser under
section 21 remains current for 12 months
from the date the registration is deemed to
occur, unless the person is deregistered in
20 accordance with this Act before that period
expires.
20A. Details of registration to be given in the
register
(1) On registering a person as a fundraiser, the
25 Director must ensure that the details of the
registration required by the regulations are
placed in the register.
(2) The Director must specify in the register the
period for which the registration is to remain
30 current.
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21. Deemed registration if no response within
21 days
(1) The Director is deemed to register a person
as a fundraiser if--
5 (a) the person applied to be registered as a
fundraiser in accordance with this
Division; and
(b) the Director does not, within 21 days
after receiving that application, seek
10 further information under section
18D(1) or refuse to register the person
as a fundraiser.
(2) The Director is also deemed to register a
person as a fundraiser if--
15 (a) the person applied to be registered as a
fundraiser in accordance with this
Division; and
(b) the Director seeks further information
from the person under section 18D(1);
20 and
(c) the person gives the Director the further
information sought by the Director; and
(d) the Director does not, within 14 days
after receiving that information, give
25 the person notice of any action taken by
the Director under section 18D(2) or
19.
22. Renewal of registration
(1) A person may apply to the Director to renew
30 the person's registration as a fundraiser.
(2) The application--
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(a) must be submitted to the Director at
least 28 days before the person's
registration is due to expire; and
(b) must contain any information or
5 consents required by the regulations.
(3) Sections 18D, 18E, 18F, 19, 19A, 19B, 19C,
20A and 21 apply--
(a) to an application for the renewal of
registration as if it was an application
10 for registration; and
(b) as if a reference to the date of
registration was a reference to the date
of renewal of registration; and
(c) as if a reference to registration was a
15 reference to renewal of registration.
23. Director may impose conditions at any time
(1) At any time after registering a person as a
fundraiser, the Director may impose
conditions on the person in relation to the
20 conduct by the person--
(a) of fundraising appeals generally; or
(b) of any fundraising appeal being
conducted, or to be conducted, by the
person.
25 (2) The Director may impose a condition that
has immediate effect if, in the opinion of the
Director, there is a significant risk that an act
or omission may occur that is significantly
contrary to the public interest if the condition
30 did not take effect immediately.
(3) To impose a condition under this section in
any other circumstances, the Director--
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(a) must give the registered fundraiser a
written notice--
(i) setting out the conditions the
Director wishes to impose and the
5 reasons why the Director wishes
to impose the conditions; and
(ii) inviting the registered fundraiser
to comment on the proposed
conditions within a time specified
10 in the notice; and
(b) must consider any comments made by
the registered fundraiser within the
specified time; and
(c) if the Director decides to impose the
15 conditions after considering the
comments, must give the registered
fundraiser a second written notice
setting out the conditions and stating
that the conditions apply from the date
20 specified in the notice.
(4) The Director must not specify a period of
less than 7 days for the purposes of sub-
section (3)(a)(ii).
(5) The Director must not, under sub-section
25 (3)(c), specify a date that is before the date
the notice under that sub-section is given to
the registered fundraiser.
(6) The Director may specify conditions in the
notice given under sub-section (3)(c) that
30 differ from the conditions set out in the
notice given under sub-section (3)(a) if the
differences result from complying with any
request made under sub-section (3)(b) or if
the differences are of a minor nature.
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23A. Condition concerning distribution of
proceeds
Without limiting section 19C or 23, the
Director may impose a condition requiring
5 that a registered fundraiser must ensure that
either in any specified period, or over the
course of a fundraising appeal, a specified
percentage of the proceeds of the appeal
must be distributed to the beneficiaries of the
10 appeal.
Division 2A--Notification of Changes
24. Change of appeal manager to be notified
(1) In this section, a notifiable event occurs if--
(a) a person listed in an application under
15 section 18 or 22 as being an appeal
manager for a registered fundraiser
ceases to be an appeal manager for any
appeal being conducted by the
registered fundraiser; or
20 (b) it becomes apparent that a person listed
in an application under section 18 or 22
as being a person who it is intended
will be an appeal manager for an appeal
will not be an appeal manager for the
25 appeal; or
(c) a person (other than a person listed
under section 18 or 22 as a person who
it is intended will be an appeal manager
for an appeal) becomes an appeal
30 manager for an appeal being conducted
by a registered fundraiser; or
(d) an appeal manager for an appeal being
conducted by a registered fundraiser
ceases to be an appeal manager for any
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appeal being conducted by the
registered fundraiser.
(2) The registered fundraiser must notify the
Director in writing of the occurrence of a
5 notifiable event within 28 days after the
occurrence of the event.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty
10 units or imprisonment for
12 months or both.
24A. Retention of commercial fundraiser to be
notified
(1) This section applies if a registered fundraiser
15 retains a commercial fundraiser to administer
all or part of a fundraising appeal and the
retention of that commercial fundraiser has
not been mentioned in any application
submitted by the registered fundraiser under
20 section 18 or 22.
(2) The registered fundraiser must notify the
Director in writing of the retention of the
commercial fundraiser within 28 days after
entering into the retention agreement with
25 the commercial fundraiser.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty
units or imprisonment for
30 12 months or both.
24B. Bankruptcy, convictions etc. to be notified
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(1) In this section, a notifiable event occurs if at
any time after a registered fundraiser is
registered, or has her or his registration
renewed--
5 (a) she or he, or an appeal manager of the
appeal--
(i) becomes an insolvent under
administration or an externally-
administered body corporate; or
10 (ii) is found guilty of a disqualifying
offence; or
(iii) becomes a represented person
within the meaning of the
Guardianship and
15 Administration Act 1986;
(b) one of her or his associates--
(i) becomes an insolvent under
administration or an externally-
administered body corporate; or
20 (ii) is found guilty of a disqualifying
offence;
(c) she or he becomes associated with an
associate who--
(i) is an insolvent under
25 administration or is an externally-
administered body corporate; or
(ii) has been found guilty of a
disqualifying offence.
(2) The registered fundraiser must notify the
30 Director in writing of the occurrence of a
notifiable event--
(a) within 28 days after the occurrence of
the event; or
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(b) if the registered fundraiser only
becomes aware of the occurrence of a
notifiable event described in sub-
section (1)(a) in relation to an appeal
5 manager, or in sub-section (1)(b), after
it occurs, within 28 days after
becoming aware that the event has
occurred.
Penalty: In the case of a corporation,
10 240 penalty units.
In any other case, 120 penalty
units or imprisonment for
12 months or both.
24C. Addition of beneficiaries to be notified
15 (1) This section applies if a registered fundraiser
decides to conduct a fundraising appeal for
the benefit of any person, thing, cause or
class of person not previously listed as a
beneficiary by the registered fundraiser
20 under section 18(2)(g) or 22 when applying
for registration, or the renewal of
registration, or under this section.
(2) At least 28 days before conducting any
fundraising appeal on behalf of the person,
25 thing, cause or class, the registered
fundraiser--
(a) must notify the Director in a form and
manner approved by the Director of the
additional person, thing, cause or class;
30 and
(b) must give the Director--
(i) the written consent of the
additional beneficiary to
becoming an intended beneficiary
35 of the appeal; or
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(ii) a written explanation of why it is
not practicable to comply with
sub-paragraph (i).
Penalty: In the case of a corporation,
5 240 penalty units.
In any other case, 120 penalty
units or imprisonment for
12 months or both.
(3) If the intended beneficiaries of an appeal are
10 the members of an organisation, the written
consent of a duly authorised representative
of the organisation is sufficient compliance
with sub-section (2)(b)(i) with respect to the
members of the organisation.
15 (4) The Director may waive the 28 day
requirement in sub-section (2) in a particular
case if the Director is satisfied that it is
reasonable to do so.
24D. Change of contact person to be notified
20 (1) In this section "contact person" means the
natural person who is notified as the contact
person for a fundraiser under section
18(2)(e) or under sub-section (2)(b).
(2) If the person nominated as the contact person
25 for a registered fundraiser ceases to act as the
contact person, the registered fundraiser--
(a) must appoint another person to act as
the contact person as soon as is
practicable; and
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(b) must notify the Director in writing
within 7 days of the name and address
of the person appointed.
Penalty: 10 penalty units.'.
5 11. Substitution of sections 25 and 26
For sections 25 and 26 of the Fundraising
Appeals Act 1998 substitute--
'25. Appeals must be conducted in accordance
with conditions imposed and details given
10 (1) In conducting a fundraising appeal, a
registered fundraiser must ensure that the
appeal is conducted in accordance with--
(a) any conditions specified by the Director
under section 19C or 23; and
15 (b) any details given to the Director under
section 18 or 22 concerning the conduct
of a fundraising appeal (unless a
relevant detail no longer applies as a
result of a condition specified by the
20 Director or the Director has agreed in
writing to the variation or omission of
the relevant detail).
Penalty: In the case of a corporation,
240 penalty units.
25 In any other case, 120 penalty
units or imprisonment for
12 months or both.
(2) If the Director has sought further information
under section 18D, a reference to any details
30 given under section 18 or 22 is to be read as
a reference to those details as varied by the
further information.
26. Proceeds may only be given to beneficiaries
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(1) A person conducting a fundraising appeal
must not give, and must not authorise or
permit any other person to give, any of the
net proceeds of the appeal to any person,
5 cause or thing who is not a beneficiary of the
appeal, unless otherwise permitted by the
Director under sub-section (2) or ordered by
the Court under section 35A.
Penalty: In the case of a corporation,
10 240 penalty units.
In any other case, 120 penalty
units or imprisonment for
12 months or both.
(2) On the application of a person conducting a
15 fundraising appeal, the Director may permit
the person to give part of the net proceeds of
the appeal to a person who is not a
beneficiary if the Director is of the opinion
that there are special circumstances.
20 (3) In this section--
"beneficiary", in relation to a fundraising
appeal, means--
(a) any person, thing, cause or class
of person listed as a beneficiary
25 under section 18(2)(g) or 22 by
the person conducting the appeal
when applying for registration, or
the renewal of registration, as a
fundraiser or under section
30 24C(2);
(b) any person who is acting on
behalf of such a person, thing,
cause or class of person;
"net proceeds", in relation to a fundraising
35 appeal, means the proceeds of the
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appeal other than those that have been
used to pay any of the expenses of
conducting the appeal.'.
12. Minor consequential amendments
5 In the Fundraising Appeals Act 1998--
(a) in sections 12(1) and 27(4), for "Minister
under section 20 or 23" substitute "Director
under section 19C or 23";
(b) in section 30(1)(e), for "19(1)(a)" substitute
10 "18A(1)(a)".
13. Operative date for preparation of final accounts
For section 29(6) of the Fundraising Appeals
Act 1998 substitute--
"(6) For the purposes of this section, an appeal
15 ends on the occurrence of the first of these
events--
(a) if the appeal is being conducted by a
person who is deregistered as a
fundraiser under Division 7, on the day
20 the deregistration takes effect;
(b) if the appeal is stopped by an order
made by the Court under section 34, on
the day the order takes effect;
(c) in any other case, one month after the
25 last significant solicitation for money or
a benefit is made in relation to the
appeal.".
14. Insertion of Division 7 into Part 3
After Division 6 of Part 3 of the Fundraising
30 Appeals Act 1998 insert--
"Division 7--Deregistration of Fundraisers
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33A. Director may deregister fundraiser
The Director may deregister a person as a
fundraiser if--
(a) the Court orders that any fundraising
5 appeal being conducted, or proposed to
be conducted, by the person be stopped;
or
(b) the Director is satisfied that the
registration was obtained by fraud or on
10 the basis of the supply of false,
misleading or incomplete information;
or
(c) the Director is satisfied, in relation to a
fundraising appeal being conducted by
15 the person--
(i) that the person (or any person
assisting the person to conduct or
administer the appeal) has failed,
with respect to the appeal, to
20 comply with any provision of this
Act; or
(ii) that the appeal is not being, or will
not be, conducted or administered
in good faith for the purposes
25 stated to those from whom money
was, is being, or will be, sought;
or
(iii) that--
(A) the person falls within one of
30 the categories listed in
section 19A(1); or
(B) an appeal manager for the
appeal falls within one of the
categories listed in section
35 19A(1) or 19B(2); or
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(C) an associate of the person
falls within one of the
categories listed in section
19B(3)--
5 (unless the Director knew that the
person, appeal manager or
associate fell within that category
at the time the person conducting
the appeal gave the Director
10 details of the person, appeal
manager or associate); or
(iv) that the conduct of the appeal
should be stopped in the public
interest; or
15 (d) the Director is satisfied, in relation to a
fundraising appeal that the person is
conducting, or intends to conduct, on
behalf of a class of beneficiary, that the
description of the class is too vague, or
20 that the class is insufficiently identified;
or
(e) the Director is satisfied that it is not in
the public interest for the person to
conduct a fundraising appeal; or
25 (f) in the case of an incorporated
association that was not incorporated in
Victoria, that the association has not
complied with section 64B(5).
33B. Process for expedited deregistration
30 (1) If the Director deregisters a person as a
fundraiser under section 33A(a) or 33A(f),
she or he must give the person a written
notice--
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(a) stating that the Director has decided to
deregister the person as a fundraiser;
and
(b) stating when the deregistration takes
5 effect.
(2) If the Director deregisters a person as a
fundraiser under section 33A(a), she or he
must also include details of the Court order
in the notice.
10 (3) The Director must not, under sub-section
(1)(b), specify that the deregistration is to
take effect before the notice is given to the
person.
33C. Process for other deregistration
15 (1) Before deregistering a person as a fundraiser
under section 33A(b), 33A(c), 33A(d) or
33A(e), the Director--
(a) must give the person a written notice--
(i) stating that the Director is
20 considering whether to deregister
the person and the reasons why
the Director is considering
deregistering the person; and
(ii) inviting the person to make,
25 within the time specified in the
notice, a submission in relation to
whether or not the Director should
deregister the person; and
(b) must consider any submission made by
30 the person within the specified time;
and
(c) if the Director decides to deregister the
person after considering the comments,
must give the person a second written
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notice stating that the person is
deregistered from the date specified in
the notice.
(2) The Director must not specify a period of
5 less than 7 days for the purposes of sub-
section (1)(a)(ii).
(3) The Director must not, under sub-section
(1)(c), specify a date that is less than 28 days
after the date the notice under that sub-
10 section is given to the person.
(4) If the Director deregisters a person, she or he
must ensure that the details of the
deregistration required by the regulations are
noted in the register.
15 33D. Action to be taken on deregistration
If the Director deregisters a person as a
fundraiser, on the deregistration taking effect
the person--
(a) must stop any fundraising activities that
20 the person was undertaking
immediately before the deregistration
took effect and must not undertake any
new fundraising activities; and
(b) must not, without the Director's written
25 consent, pay out, or otherwise distribute
or deal with, any asset obtained as a
result of any fundraising appeal that the
person conducted while registered as a
fundraiser; and
30 (c) must give the Director an inventory of
the assets of any fundraising appeal
being conducted by the person within
3 working days after the withdrawal
takes effect; and
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(d) subject to paragraph (b), must ensure
that any assets obtained as a result of
the appeal are distributed as soon as is
practicable to the intended beneficiaries
5 of the appeal.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty
units or imprisonment for
10 12 months or both.
33E. Additional obligations of deregistered
commercial fundraisers
(1) This section applies if the person who is
deregistered as a fundraiser--
15 (a) is a commercial fundraiser; and
(b) was administering all or part of a
fundraising appeal at the time the
person was deregistered.
(2) On the deregistration taking effect, in
20 addition to complying with section 33D the
person must--
(a) immediately advise the person
conducting the appeal of the
deregistration; and
25 (b) subject to section 33D(b), as soon as is
practicable transfer to that person all
the assets of the appeal that are to be
transferred on the ending of the appeal
to that person under the agreement
30 governing their relationship in respect
of the appeal.
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33F. Additional obligation on person using
commercial fundraiser
(1) This section applies if, immediately before a
person was deregistered as a fundraiser, a
5 commercial fundraiser retained by that
person was administering all or part of a
fundraising appeal on behalf of that person.
(2) On the deregistration taking effect the person
who was deregistered must also--
10 (a) advise the commercial fundraiser of the
deregistration; and
(b) require the commercial fundraiser to
transfer to the person all the assets of
the appeal that are to be transferred on
15 the ending of the appeal to the person
under the agreement governing their
relationship in respect of the appeal.
33G. Restriction on fundraisers if notice of
deregistration given
20 (1) This section applies if a person is given a
notice under section 33C(1)(c), but the
notice is not yet in effect.
(2) Despite anything to the contrary in section
33J(4) or 33L, the person must not, without
25 the Director's written consent, pay out, or
otherwise distribute or deal with, any asset
obtained as a result of any fundraising appeal
that the person conducted while registered as
a fundraiser.
30 Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty
units or imprisonment for
12 months or both.
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(3) Sub-section (2) ceases to apply if--
(a) the notice under section 33C(1)(c) takes
effect; or
(b) the notice is withdrawn; or
5 (c) the Victorian Civil and Administrative
Tribunal cancels or otherwise revokes
the notice.
Note: Once the notice under section 33(1)(c) takes
effect, section 33D governs what the person
10 must do.
(4) Nothing in this section affects section 33D.
33H. Action to be taken if registration expires
If a person's registration as a fundraiser
expires and is not renewed, sections 33D,
15 33E and 33F apply as if a reference in those
sections to the deregistration of a person as a
fundraiser was a reference to the expiry of
the registration.
33I. Change of circumstance affects power to
20 deregister
(1) This section applies if--
(a) the Director is entitled to deregister a
person as a fundraiser on the basis of
the status of, or any action taken by, a
25 relevant associate, appeal manager, or
assistant; and
(b) before a notice is issued under section
33C(1)(c)--
(i) the associate ceases to be an
30 associate of the registered
fundraiser; or
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(ii) the appeal manager ceases to be
an appeal manager for the appeal;
or
(iii) the assistant ceases to be involved
5 in the appeal, or in appeals
conducted by the registered
fundraiser.
(2) The Director may not deregister the person,
solely on the ground that the former
10 associate, appeal manager or assistant was
involved in the appeal or appeals.
33J. Person may apply for review of Director's
decision
(1) A person may apply to the Victorian Civil
15 and Administrative Tribunal for a review of
a decision of the Director--
(a) to refuse to register the person as a
fundraiser;
(b) to impose conditions, or any particular
20 condition, on the conduct of an appeal
under section 19C or 23;
(c) to seek further information from the
person;
(d) to refuse to renew a person's
25 registration as a fundraiser;
(e) to deregister a person as a fundraiser.
(2) An application for review must be made
within 28 days after the later of--
(a) the day the person is given written
30 notice of the decision that the person
wishes to have reviewed;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
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the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
5 under section 46(5) of that Act that a
statement of reasons will not be given.
(3) Any written notice that the Director gives a
person of any decision referred to in sub-
section (1) must contain a copy of this
10 section.
(4) If a person applies for the review of any
decision of the Director listed in sub-section
(1)(d) or (1)(e) within the time specified in
sub-section (2), the decision of the Director
15 is stayed until the application for review is
affirmed, abandoned or dismissed.
33K. Certain actions not subject to review
Despite anything to the contrary in
section 33J, a decision by the Director to
20 deregister a person as a fundraiser under
section 33A(a) or 33A(f) is not subject to
review by the Victorian Civil and
Administrative Tribunal.
33L. Automatic extension of notice of
25 deregistration
(1) This section applies if--
(a) a person is given a notice under section
33C(1)(c); and
(b) the person, under the Victorian Civil
30 and Administrative Tribunal Act
1998, requests a statement of reasons
for the decision to issue the notice
within 28 days after notice of the
decision is given to her or him.
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s. 14
Act No.
(2) The date specified in the notice as the date
the notice is to take effect is extended by
virtue of this sub-section until 28 days after
the day on which--
5 (a) the statement of reasons is given to the
person; or
(b) the person is informed under section
46(5) of that Act that a statement of
reasons will not be given--
10 whichever occurs first.
33M. Automatic reversal if Court order quashed
etc.
(1) This section applies if--
(a) the Director deregisters a person as a
15 fundraiser under section 33A(a); and
(b) the Court order on which the Director's
action was based is quashed, lapses or
is withdrawn.
(2) On the quashing, lapsing or withdrawal of
20 the order, by virtue of this section, the person
who was the subject of the deregistration is
deemed to be registered as a fundraiser for
the remainder of the current registration
period.
25 (3) A reference in this section to a current period
is a reference to the period in which the
deregistration took effect.
(4) If this section applies, the Director must
ensure that the register is amended
30 accordingly.".
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s. 15
Act No.
15. Power of Court to stop appeals
(1) In section 34(1)(c) of the Fundraising Appeals
Act 1998, for "interest." substitute "interest; or".
(2) After section 34(1)(c) of the Fundraising
5 Appeals Act 1998 insert--
"(d) that the person (or any person assisting in
conducting or administering the appeal or
proposed appeal) uses fundraising practices
or activities that may bring public
10 fundraising into disrepute; or
(e) that any registration obtained under this Act
in relation to the appeal was obtained by
fraud or on the basis of the supply of false,
misleading or incomplete information; or
15 (f) in respect of an appeal conducted by a
registered fundraiser--
(i) that the registered fundraiser--
(A) is an insolvent under
administration or is an externally-
20 administered body corporate; or
(B) has been found guilty of a
disqualifying offence since
becoming registered as a
fundraiser; or
25 (C) is a represented person within the
meaning of the Guardianship
and Administration Act 1986; or
(ii) that an appeal manager of the appeal--
(A) falls within one of the categories
30 listed in paragraph (f)(i); or
(B) is not a fit and proper person to be
associated with the appeal; or
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s. 15
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(C) was an appeal manager for a
fundraising appeal within the
10 years immediately before the
application for the order was filed
5 that was conducted by a person
who was found guilty of a
disqualifying offence within that
period; or
(iii) that an associate of the registered
10 fundraiser falls within one of the
categories listed in section 19B(3)--
unless the Director knew that the registered
fundraiser, appeal manager or associate fell
within that category at the time the registered
15 fundraiser gave the Director details of the
registered fundraiser, appeal manager or
associate.".
(3) In section 34(2) of the Fundraising Appeals Act
1998--
20 (a) in paragraph (a), after "Minister" insert "or
the Director";
(b) after paragraph (a) insert--
"(aa) that the activity may bring public
fundraising into disrepute; or".
25 (4) In section 34(3) of the Fundraising Appeals Act
1998, after "Minister" insert "or the Director".
(5) For section 34(4) of the Fundraising Appeals
Act 1998 substitute--
"(4) In making an order, the Court--
30 (a) may specify that the order is to take
effect immediately;
(b) must, in any other case, specify the date
on which the order is to take effect;
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s. 16
Act No.
(c) may provide that the order is to lapse
before it takes effect if certain
conditions set out in it are met;
(d) may impose restrictions on how the
5 assets of the appeal are to be distributed
or dealt with;
(e) may stay all or part of the order;
(f) may make any consequential order it
thinks is necessary to give effect to the
10 order.".
16. Insertion of section 35A
After section 35 of the Fundraising Appeals Act
1998 insert--
"35A. Court may make orders concerning
15 distribution of appeal assets
(1) This section applies if--
(a) all the intended beneficiaries of a
fundraising appeal refuse to accept the
assets offered to them as a result of the
20 appeal; or
(b) all the intended beneficiaries of a
fundraising appeal no longer exist or
cannot be found after all reasonable
enquiries have been made; or
25 (c) a question or dispute arises as to how
any or all of the assets received as a
result of a fundraising appeal are to be
distributed.
(2) The Director may apply to the Court for an
30 order directing how the assets are to be
distributed.
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s. 17
Act No.
(3) The Court may make any order concerning
the distribution of the assets that it thinks is
appropriate having regard to the stated
purpose of the appeal.
5 (4) The Court may make any consequential
order it thinks is necessary to give effect to
any order that it makes under sub-section
(3).".
17. Power to require information
10 In section 44 of the Fundraising Appeals Act
1998--
(a) in sub-sections (1) and (2), after "The
Minister" insert "or the Director";
(b) after "the Minister" (wherever occurring)
15 insert "or the Director";
(c) in sub-section (3), for "section 59"
substitute "section 60".
18. Insertion of sections 61A and 61B
After section 61 of the Fundraising Appeals Act
20 1998 insert--
"61A. Director may order distribution of assets
(1) This section applies if--
(a) the Court orders a person to stop
conducting a fundraising appeal under
25 section 34; or
(b) the Director deregisters as a fundraiser
a person who is conducting a
fundraising appeal; or
(c) the registration of a person as a
30 fundraiser expires while the person is
conducting a fundraising appeal.
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s. 18
Act No.
(2) The Director may order the person to
distribute, within the time specified by the
Director, any assets received during the
course of the appeal to the beneficiaries of
5 the appeal.
(3) The order--
(a) must be made by written notice given
to the person; and
(b) must set out the time within which the
10 distribution must be made; and
(c) must contain a copy of this section.
(4) The person must comply with an order made
under this section.
Penalty: In the case of a corporation,
15 240 penalty units.
In any other case, 120 penalty
units or imprisonment for
12 months or both.
61B. Director may appoint an administrator
20 (1) This section applies if any of the
circumstances listed in section 61A(1) exist
in relation to a fundraising appeal.
(2) If, in the opinion of the Director it is
appropriate to do so, the Director may
25 appoint an administrator--
(a) to wind up the appeal; or
(b) to exercise the Director's functions in
relation to consenting to the
disbursement of the assets of the
30 appeal.
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Act No.
(3) An administrator appointed under sub-
section (2)(a) may--
(a) take possession of all assets associated
with the appeal; and
5 (b) prepare any accounts required by this
Act in relation to the appeal; and
(c) distribute assets of the appeal to the
beneficiaries of the appeal; and
(d) do anything else that is necessary to
10 wind up the appeal.
(4) The costs of the administrator under this
section are to be defrayed from the assets of
the appeal.".
19. Insertion of sections 64A and 64B
15 After section 64 of the Fundraising Appeals Act
1998 insert--
"64A. Appointment and role of responsible person
(1) This section only applies to an incorporated
association that was not incorporated in
20 Victoria.
(2) A person may only be appointed as the
responsible person of an incorporated
association if she or he is a natural person
and is a member of the governing body of
25 the association.
(3) The appointment of a person as a responsible
person only takes effect on the person
signing a written consent to the appointment
that also states the obligations imposed on a
30 responsible person by this Act and the
maximum penalty that applies if those
obligations are not met.
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Fundraising Appeals (Amendment) Act 2001
s. 19
Act No.
(4) A person who is notified as the responsible
person under section 18(2)(k) on behalf of an
incorporated association must ensure that the
association complies with all the obligations
5 placed on the association by this Act.
Penalty: 120 penalty units.
(5) It is a defence to a charge under sub-section
(4) if the person charged proves that she or
he took all reasonable steps to ensure that the
10 association complied with all the obligations
placed on it by this Act.
64B. Change of responsible person
(1) An incorporated association that has
appointed a responsible person may replace
15 that person with another person.
(2) The replacement of a responsible person
takes effect when the Director receives--
(a) written notice of the name and address
of the replacement; and
20 (b) the consent required by section 64A(3)
signed by the replacement.
(3) A person remains the responsible person of
an association until--
(a) the person is replaced in accordance
25 with sub-section (2); or
(b) the person gives the Director a written
notice of resignation signed by the
person.
(4) A person does not cease to be the responsible
30 person of an association merely by ceasing
to be a member of the governing body of the
association.
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s. 20
Act No.
(5) If a person appointed as the responsible
person of an association resigns, the
association must replace that person not
more than 7 days after the resignation takes
5 effect.".
20. Insertion of sections 70A and 70B
After section 70 of the Fundraising Appeals Act
1998 insert--
"70A. Register
10 (1) The Director must maintain a register for the
purposes of this Act.
(2) The Director must ensure that the register
contains any details concerning fundraising
appeals required by this Act.
15 (3) The register may contain--
(a) the name and contact details of
registered fundraisers, any person
designated as a contact person by a
fundraiser and any designated person;
20 and
(b) details of fundraising appeals that are
being, or that are intended to be
conducted, by registered fundraisers;
(c) details of the beneficiaries on whose
25 behalf fundraising appeals are being, or
are intended to be, conducted;
(d) in relation to a particular person or
organisation, details of the proportion
of the proceeds raised in fundraising
30 appeals by the person or organisation
that have been passed on to the
beneficiaries of the appeals (regardless
of whether this information relates to
current appeals or not); and
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Fundraising Appeals (Amendment) Act 2001
s. 20
Act No.
(e) any other information permitted by the
regulations.
(4) A person may inspect the register at any time
that the office in which the register is kept is
5 open for business.
(5) The Director may publish the register, or any
details in the register, in any manner or form
that the Director considers to be appropriate.
(6) The Director may amend the register at any
10 time to correct any mistakes in the register.
70B. Public information statements
(1) If satisfied that it is in the public interest to
do so, the Minister or the Director may make
a public statement or issue a public warning
15 about any of the following--
(a) fundraising practices or activities, or
any person or class of person engaging
in those practices or activities;
(b) income and expenditure details relating
20 to a particular fundraising appeal;
(c) the percentage of the proceeds raised in
a particular fundraising appeal that
have been distributed to the intended
beneficiaries of the appeal;
25 (d) any other matter that adversely affects,
or that may adversely affect, the
interests of the public concerning the
collection or distribution of fundraising
proceeds.
30 (2) The statement or warning may identify a
particular person.".
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Act No.
21. Additional regulation-making power
After section 71(1)(d) of the Fundraising
Appeals Act 1998 insert--
"(da) prescribing matters that must, or that may, be
5 included in the register;".
22. Creation of new Part
After section 71 of the Fundraising Appeals Act
1998 insert--
"PART 7--TRANSITIONAL PROVISIONS".
10 23. Insertion of sections 74 and 75
After section 73 of the Fundraising Appeals Act
1998 insert--
"74. Registration as fundraiser not required in
certain cases
15 (1) This section applies to a person who was
conducting a fundraising appeal with the
consent or deemed consent of the Minister,
or under a permit issued by the Minister,
immediately before section 23 of the
20 Fundraising Appeals (Amendment) Act
2001 came into operation.
(2) Despite anything to the contrary in Part 3,
the person may continue to conduct the
appeal until the expiry of the consent or
25 permit even though the person is not
registered as a fundraiser.
(3) The register may contain--
(a) the name and contact details of any
person to whom this section applies;
30 and
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s. 24
Act No.
(b) details of the appeal that the person is
conducting that are equivalent to the
details that the register may contain in
relation to appeals conducted by
5 registered fundraisers.
75. Temporary continuation of exemptions
A person or organisation that was exempted
from all or any of Part 3 by regulations in
force under section 16(2) immediately before
10 the date section 23 of the Fundraising
Appeals (Amendment) Act 2001 came into
operation continues to be exempted from all
or any of that Part (as the case may be) for
12 months after that date, unless an Order
15 made under section 16A otherwise
provides.".
24. Changes to references to the Minister
(1) In the Fundraising Appeals Act 1998--
(a) in sections 32, 33 and 64, for "Minister"
20 (wherever occurring) substitute "Director";
(b) in sections 36(2), 37(1), 39(1), 43 and 66(1),
after "Minister" (wherever occurring) insert
"or the Director";
(c) in section 38(2), after "Minister" insert "or
25 the Director (as the case may be)";
(d) in section 69 insert the following heading--
"Delegation by Minister and Director";
(e) in section 70, for "and any delegate of the
Minister" substitute ", the Director and any
30 delegate of the Minister or the Director".
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s. 24
Act No.
(2) At the end of section 69 of the Fundraising
Appeals Act 1998 insert--
"(2) The Director may, in writing, delegate to any
officer or employee of the public service any
5 of the powers conferred on her or him by this
Act, other than this power of delegation.".
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Fundraising Appeals (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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