FUNDRAISING ACT 1998 - SECT 3 Definitions

FUNDRAISING ACT 1998 - SECT 3

In this Act—

S. 3 def. of appeal manager inserted by No. 70/2001 s. 3.

"appeal manager", in relation to a fundraising appeal, means a person who has any managerial or financial responsibility for the appeal;

S. 3 def. of associate inserted by No. 70/2001 s. 3.

associate has the meaning set out in section 6A;

"benefit" includes any gain or reward;

"commercial fundraiser" means a person who is retained on a commercial basis by another person to administer all or part of a fundraising appeal for the other person;

S. 3 def. of Commis-sioner of the ACNC inserted by No. 47/2019 s. 32(a).

"Commissioner of the ACNC" has the same meaning as Commissioner has in the Commonwealth ACNC Act;

S. 3 def. of Common-wealth ACNC Act

inserted by No. 47/2019 s. 32(a).

"Commonwealth ACNC Act" means the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;

S. 3 def. of Common-wealth registered entity

inserted by No. 47/2019 s. 32(a).

"Commonwealth registered entity" means an entity registered under Part 2-1 of the Commonwealth ACNC Act;

conduct a fundraising appeal has the meaning set out in section 6;

"Court" means the Magistrates' Court of Victoria;

S. 3 def. of deemed registered fundraiser

inserted by No. 47/2019 s. 32(a).

"deemed registered fundraiser" means a Commonwealth registered entity that is taken to be registered as a fundraiser under section 23AB;

"designated person" means the designated person named by an incorporated association or an unincorporated organisation under section 18 or 64;

S. 3 def. of Director inserted by No. 70/2001 s. 3, amended by Nos 30/2003 s. 86, 21/2012 s. 239(Sch.  6 item 17.1).

"Director" means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012 ;

S. 3 def. of disqualifying offence inserted by No. 70/2001 s. 3.

"disqualifying offence" means—

        (a)     an offence involving fraud, dishonesty, violence or drug trafficking that is punishable by imprisonment for 3 months or more in the case of a natural person, or by a fine of $10 000 or more in the case of a body corporate; or

        (b)     an offence under this Act;

S. 3 def. of externally-administered body corporate inserted by No. 70/2001 s. 3.

"externally-administered body corporate" has the same meaning as in the Corporations Act;

fundraising appeal has the meaning set out in section 5 ;

S. 3 def. of insolvent under administration inserted by No. 70/2001 s. 3, repealed by No. 4/2008 s. 32(Sch. item 11).

    *     *     *     *     *

S. 3 def. of inspector substituted by No. 17/1999 s. 33(1), amended by No. 21/2012 s. 239(Sch.  6 item 17.2).

"inspector" means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012 ;

"participate in a fundraising appeal" means to solicit or receive any money or benefit for the purposes of the appeal;

S. 3 def. of public place amended by Nos 24/2006 s. 6.1.2(Sch. 7 item 20.1), 43/2012 s. 3(Sch. item 21).

"public place" means—

        (a)     any public highway, road, street, bridge, footway, footpath, court, alley, passage or thoroughfare even though it may be formed on private property;

        (b)     any park, garden, reserve or other place of public recreation or resort;

        (c)     any railway station, platform or carriage;

        (d)     any wharf, pier or jetty;

        (e)     any passenger ship or boat to which the public has access;

        (f)     any public vehicle;

        (g)     any market;

        (h)     any auction room or place while a sale by auction is being conducted there;

              (i)     any place of public resort; or

        (j)     any open place to which the public whether upon or without payment for admittance have, or are permitted to have, access—

but does not include—

        (k)     any Government school or non-Government school within the meaning of the Education and Training Reform Act 2006 or any related land or premises;

        (l)     any land or premises owned or occupied by a university, TAFE institute or other tertiary educational institution;

        (m)     any land or premises owned or occupied by a registered funded agency within the meaning of the Health Services Act 1988 ;

        (n)     any church, chapel or other premises or related land that is owned or occupied by a religious organisation;

S. 3 def. of register inserted by No. 70/2001 s. 3.

"register" means the register required by section 70A;

S. 3 def. of registered fundraiser inserted by No. 70/2001 s. 3.

"registered fundraiser" means a person who is registered as a fundraiser by the Director under Division 2 of Part 3;

"registrar" means registrar of the Court;

"religious organisation" means an organisation in respect of which a Proclamation is in force under section 26 of the Marriage Act 1961 of the Commonwealth;

S. 3 def. of responsible person inserted by No. 70/2001 s. 3.

"responsible person" means the responsible person named for the purposes of section 64A by an incorporated person under section 18(2)(k) or  64B;

"retention period" means a period of 45 days after the seizure of a thing under Part 5;

"Secretary" means the Secretary to the Department of Justice;

S. 3 def. of un-incorporated organisation

amended by No. 47/2019 s. 32(b).

"unincorporated organisation" means a group of persons who—

        (a)     conduct an activity under a common name; and

        (b)     maintain a list of members in relation to the conduct of that activity.