Victorian Consolidated Legislation

Fundraising Act 1998 - SECT 18

Application for registration as a fundraiser

18. Application for registration as a fundraiser



(1) A person who wishes to apply to register as a 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 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, section 18C supplants the 28 day time
limit specified in this subsection.

(2) The application must be in the form required by the Director and must
state-

   (a)  the name of the person;

   (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 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 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 fundraising appeals to be
        conducted by the person;

   (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;

   (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 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 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
        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 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;

   (ii) the date on which it is intended to conduct, or start, the appeal;

   (iii) the form of the appeal;

        (i)    if applicable, details (including the number) of the account
               that the person intends to use for the purposes of section
               27(2);

   (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
        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 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 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).

(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-

   (a)  the application must also contain the name and address of each of
        them; and

   (b)  they are deemed to be an unincorporated organisation.

(5) The Director may modify the requirements of subsection (2) to enable a
person who is an organisation that is divided into a number of divisions or
branches or other sub-groups to apply to register as a fundraiser without
providing all the details required by that subsection 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 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 of the association.