FUNDRAISING ACT 1998 - SECT 23 Director may impose conditions at any time
FUNDRAISING ACT 1998 - SECT 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.
S. 23A inserted by No. 70/2001 s. 10.