Victorian Consolidated Legislation

Fundraising Act 1998 - SECT 19A

Registration to be refused in certain cases

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 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 registration was lodged; or

   (c)  is a represented person within the meaning of the
        Guardianship and Administration Act 1986; or

   (d)  was an appeal manager for a fundraising appeal within the 10 years
        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.

(2) The Director must not register a person as a fundraiser if, in the opinion
of the Director, 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 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
        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 the public interest.

(3) Despite subsection (1), the Director may register a person as a fundraiser
even though the person or an appeal manager falls within a category described
in subsection (1)(b) or (1)(d) if the Director is satisfied that circumstances
exist that make it appropriate to register the person.

(4) Despite subsection (3), the Director must not register a person as a
fundraiser if the person or an appeal manager has been found guilty of an
offence under this Act within the 10 years immediately before the application
for registration was lodged.