Victorian Consolidated Legislation

Fundraising Act 1998 - SECT 3

Definitions

3. Definitions

In this Act-

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

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;

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

Court means the Magistrates' Court of Victoria;

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

Director means the Director within the meaning of the Fair Trading Act 1999;





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;

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





fundraising appeal has the meaning set out in section 5;

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inspector means an inspector appointed under the Fair Trading Act 1999;

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



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;

register means the register required by section 70A;

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;

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;





unincorporated organisation means a group of people who-

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

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