Victorian Consolidated Legislation

FUNDRAISING ACT 1998

No. 78 of 1998
Version incorporating amendments as at 4 May 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY MATTERS

   1.      Purpose
   2.      Commencement
   2A.     Object
   3.      Definitions
   4.      Reference provisions
   5.      Meaning of fundraising appeal
   6.      Meaning of conduct a fundraising appeal
   6A.     Meaning of associate
   6B.     Interpretation of public interest

   PART 2-PROVISIONS APPLYING TO ALL FUNDRAISING APPEALS

   7.      False statements while seeking donations
   8.      False statements to employees, agents etc. concerning compliance with the Act
   9.      Identification badges for collectors
   10.     Collection receptacles to be secure, numbered and labelled etc.
   11.     Use and emptying of receptacles to be properly supervised
   12.     Exceptions to sections 10 and 11.
   12A.    Portion of funds received for supply of goods or services
           directed to fundraising to be disclosed
   12B.    Condition concerning manner of disclosure of portion of funds
           to be directed to fundraising
   13.     Repealed
   14.     Paid phone etc. canvassers must disclose that they are being
           paid
   15.     Letters etc. by commercial fundraisers must disclose certain details
   15A.    Direct debit request form

   PART 3-PROVISIONS APPLYING TO PARTICULAR FUNDRAISING APPEALS ONLY

           Division 1-Application of this Part

   16.     This Part does not apply to some organisations
   16A.    Other exemptions from this Part
   16B.    Exemption does not cover commercial fundraisers

           Division 2-Registration of fundraisers

   17.     Meaning of intended appeal
   17A.    Fundraisers must be registered
   18.     Application for registration as a fundraiser
   18A.    Consent of intended beneficiaries also needed
   18B.    Urgent applications
   18C.    Application if exemption ceases to apply
   18D.    Information concerning applications
   18E.    Director may obtain information from Chief Commissioner of Police
   18F.    Consent to disclosure of information may be required
   19.     Registration as a fundraiser
   19A.    Registration to be refused in certain cases
   19B.    Director may refuse registration in certain cases
   19C.    Conditions on registration
   20.     Duration of registration
   20AAA.  When duration of registration may be reduced
   20AA.   Process for reducing duration of registration
   20A.    Details of registration to be given in the register
   21.     Deemed registration if no response within 21 days
   22.     Renewal of registration
   23.     Director may impose conditions at any time
   23A.    Condition concerning distribution of proceeds

           Division 2A-Notification of changes

   24.     Change of appeal manager to be notified
   24A.    Retention of commercial fundraiser to be notified
   24B.    Bankruptcy, convictions etc. to be notified
   24C.    Addition of beneficiaries to be notified
   24D.    Change of contact person to be notified

           Division 3-Conduct of appeals

   25.     Appeals must be conducted in accordance with conditions imposed and details given
   26.     Proceeds may only be given to beneficiaries
   27.     All appeal money must be banked

           Division 4-Accounts and records to be kept

   28.     Purpose and scope of this Division
   29.     Fundraisers must keep certain records and accounts
   30.     Other records that fundraisers must keep
   31.     Where and for how long records are to be stored

           Division 5-Audit of accounts and records

   32.     Director may require accounts to be audited

           Division 6-Public inspection of accounts and records

   33.     Public may inspect some records

           Division 7-Deregistration of fundraisers

   33A.    Director may deregister fundraiser
   33B.    Process for expedited deregistration
   33C.    Process for other deregistration
   33D.    Action to be taken on deregistration
   33E.    Additional obligations of deregistered commercial fundraisers
   33F.    Additional obligation on person using commercial fundraiser
   33G.    Restriction on fundraisers if notice of deregistration given
   33H.    Action to be taken if registration expires
   33I.    Change of circumstance affects power to deregister
   33J.    Person may apply for review of Director's decision
   33K.    Certain actions not subject to review
   33L.    Automatic extension of notice of deregistration or reduction
           of duration of registration
   33M.    Automatic reversal if Court order quashed etc.

   PART 4-POWERS OF THE COURT

           Division 1-Jurisdiction of the Court under this Act

   34.     Court may order person to stop conducting an appeal
   35.     Court may make a temporary order without notice
   35A.    Court may make orders concerning distribution of appeal
           assets
   36.     Court may make orders concerning wrongly obtained assets
   37.     Minister or Director may refer question to Court for answer
   38.     Form of reference

           Division 2-Procedure and conduct of matters under this Part

   39.     Powers of Court
   40.     Evidentiary provisions
   41.     Appearance of parties
   42.     Determination of Court
   43.     Effect of determination

   PART 5-ENFORCEMENT PROVISIONS

           Division 1-General enforcement provisions

   44.     Minister or Director may demand information
   45.     Repealed
   46.     Searches to monitor compliance with this Act
   47.     Offence-related searches and seizures
   48.     Occupier to be given copy of consent
   49.     Search warrant
   50.     Announcement before entry
   51.     Copy of warrant to be given to occupier
   52.     Receipt must be given for any thing seized
   53.     Copies of certain seized things to be given
   54.     Use of equipment to examine or process things
   55.     Use or seizure of electronic equipment at premises
   56.     Compensation for damage caused during inspections
   57.     Return of seized things
   58.     Court may extend period
   59.     Power of inspector to require information or documents
   60.     Protection against self-incrimination
   61.     Inspectors etc. must not disclose information
   61A.    Director may order distribution of assets
   61B.    Director may appoint an administrator

           Division 2-Infringement notices

   61C.    Definition
   61D.    Power to serve a notice
   61E.    Form of notice
           61F-61K Repealed

   PART 6-MISCELLANEOUS MATTERS

   62.     False statements
   63.     Role of designated person
   64.     Change of designated person
   64A.    Appointment and role of responsible person
   64B.    Change of responsible person
   65.     Presumption concerning the service of documents by post
   66.     Continuing offences
   67.     Extended time for prosecutions
   68.     Application of Fair Trading Act 1999.
   69.     Delegation by Minister and Director
   70.     Judicial notice concerning authorisations
   70A.    Register
   70B.    Public information statements
   71.     Regulations

   PART 7-TRANSITIONAL PROVISIONS

   72.     Transitional provision
   72A.    Transitional provision relating to inspectors
   73.     Repeal of former Act
   74.     Registration as fundraiser not required in certain cases
   75.     Temporary continuation of exemptions
   76.     Change of title provision
   77.     Transitional provision relating to duration of registration
           __________________
           SCHEDULE-Infringement Offences
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details