Victorian Consolidated Legislation

Fundraising Act 1998 - SECT 23

Director may impose conditions at any time

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 conduct by the person-

   (a)  of fundraising appeals generally; or

   (b)  of any fundraising appeal being conducted, or to be conducted, by the
        person.

(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 did not take effect immediately.

(3) To impose a condition under this section in any other circumstances, the
Director-

   (a)  must give the registered fundraiser a written notice-

   (i)  setting out the conditions the Director wishes to impose and the
        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 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 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 specified in the notice.

(4) The Director must not specify a period of less than 7 days for the
purposes of subsection (3)(a)(ii).

(5) The Director must not, under subsection (3)(c), specify a date that is
before the date the notice under that subsection is given to the registered
fundraiser.

(6) The Director may specify conditions in the notice given under subsection
(3)(c) that differ from the conditions set out in the notice given under
subsection (3)(a) if the differences result from complying with any request
made under subsection (3)(b) or if the differences are of a minor nature.