FUNDRAISING ACT 1998 - SECT 34 Court may order person to stop conducting an appeal
FUNDRAISING ACT 1998 - SECT 34
Court may order person to stop conducting an appeal(1) The Court may order a person to stop conducting a fundraising appeal and any associated activities, or any activities relating to a proposed fundraising appeal, if it is satisfied—
(a) that the person (or any person assisting in conducting or administering the appeal or proposed appeal) has failed, with respect to the appeal or proposed appeal, to comply with any provision of this Act or any condition imposed by the Minister under this Act; or
(b) that the appeal or proposed appeal is not being, or will not be, conducted or administered in good faith for the purposes stated to those from whom money was, is being, or will be, sought; or
S. 34(1)(c) amended by No. 70/2001 s. 15(1).
(c) that the appeal or proposed appeal should be stopped in the public interest; or
S. 34(1)(d) inserted by No. 70/2001 s. 15(2).
(d) that the person (or any person assisting in conducting or administering the appeal or proposed appeal) uses fundraising practices or activities that may bring public fundraising into disrepute; or
S. 34(1)(e) inserted by No. 70/2001 s. 15(2).
(e) that any registration obtained under this Act in relation to the appeal was obtained by fraud or on the basis of the supply of false, misleading or incomplete information; or
S. 34(1)(f) inserted by No. 70/2001 s. 15(2).
(f) in respect of an appeal conducted by a registered fundraiser—
(i) that the registered fundraiser—
(A) is an insolvent under administration or is an externally-administered body corporate; or
(B) has been found guilty of a disqualifying offence since becoming registered as a fundraiser; or
S. 34(1)(f)(i)(C) amended by No. 13/2019 s. 221(Sch. 1 item 17).
(C) is a represented person within the meaning of the Guardianship and Administration Act 2019 ; or
(ii) that an appeal manager of the appeal—
(A) falls within one of the categories listed in paragraph (f)(i); or
(B) is not a fit and proper person to be associated with the appeal; or
(C) was an appeal manager for a fundraising appeal within the 10 years immediately before the application for the order was filed that was conducted by a person who was found guilty of a disqualifying offence within that period; or
(iii) that an associate of the registered fundraiser falls within one of the categories listed in section 19B(3)—
unless the Director knew that the registered fundraiser, appeal manager or associate fell within that category at the time the registered fundraiser gave the Director details of the registered fundraiser, appeal manager or associate.
(2) The Court may order a person to stop any particular activity associated with a fundraising appeal or a proposed fundraising appeal if it is satisfied—
S. 34(2)(a) amended by No. 70/2001 s. 15(3)(a).
(a) that the activity does not comply with a provision of this Act or a condition imposed by the Minister or the Director under this Act; or
S. 34(2)(aa) inserted by No. 70/2001 s. 15(3)(b).
(aa) that the activity may bring public fundraising into disrepute; or
(b) that the activity should be stopped in the public interest.
S. 34(3) amended by No. 70/2001 s. 15(4).
(3) The Court may make an order, or revoke an order, under this section on the application of the Minister or the Director.
S. 34(4) substituted by No. 70/2001 s. 15(5).
(4) In making an order, the Court—
(a) may specify that the order is to take effect immediately;
(b) must, in any other case, specify the date on which the order is to take effect;
(c) may provide that the order is to lapse before it takes effect if certain conditions set out in it are met;
(d) may impose restrictions on how the assets of the appeal are to be distributed or dealt with;
(e) may stay all or part of the order;
(f) may make any consequential order it thinks is necessary to give effect to the order.
(5) If the Court makes an order under this section in relation to a person who is exempt from all or part of Part 3, the Court may include in its Order a declaration that the exemption (or part of the exemption) is not to apply to the person for a specified period.
(6) If the Court exercises its powers under subsection (5), the exemption (or part of the exemption) specified in the Order does not apply to the person during the period specified under that subsection.