FUNDRAISING ACT 1998 - SECT 18 Application for registration as a fundraiser
FUNDRAISING ACT 1998 - SECT 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
S. 18(2)(g)(iii) amended by No. 47/2019 s. 36(1).
(iii) if any intended appeal is not to be conducted for the immediate direct benefit of one or more persons, 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).
S. 18(3) amended by No. 47/2019 s. 36(2).
(3) A number of persons who are not an unincorporated organisation may combine to be registered as a fundraiser.
S. 18(4) amended by No. 47/2019 s. 36(3).
(4) If a number of persons combine to be registered as a fundraiser—
S. 18(4)(a) amended by No. 47/2019 s. 36(4).
(a) the application must contain the name and address of each person; 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.
S. 18A inserted by No. 70/2001 s. 10.