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FUNDRAISING ACT 1998 - SECT 27 All appeal money must be banked

FUNDRAISING ACT 1998 - SECT 27

All appeal money must be banked

    (1)     This section applies if any money received in the course of a fundraising appeal is not deposited in an account held in the name of the sole intended beneficiary of the appeal.

    (2)     A person who is conducting a fundraising appeal must ensure that any money received in the course of the appeal is deposited in an account—

        (a)     that is used exclusively for money received in the course of fundraising appeals and that is held at—

S. 27(2)(a)(i) substituted by No. 11/2001 s. 3(Sch. item 28).

              (i)     an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or

S. 27(2)(a) (ii)(iii)

repealed by No. 11/2001 s. 3(Sch. item 28).

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              (iv)     any institution that is in a class of institution that is authorised for the purposes of this section by the regulations; and

        (b)     that has a name that indicates that it contains fundraising appeal money; and

S. 27(2)(c) amended by No. 47/2019 s. 38.

        (c)     from which it is only possible to withdraw money by a cheque signed by at least 2 persons.

Penalty:     In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

    (3)     If the money received in the course of a fundraising appeal is deposited under subsection (2) in an account that is not used exclusively for money received in the course of that appeal only, the person who is conducting the appeal must keep records in relation to the account that enable the money to be readily identified as having been received in the course of the appeal.

Penalty:     In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

S. 27(4) amended by No. 70/2001 s. 12(a).

    (4)     The obligations on a person imposed by this section are subject to any contrary obligations imposed on the person by the Director under section 19C or 23.

Division 4—Accounts and records to be kept