Victorian Consolidated Legislation

Fundraising Act 1998 - SECT 5

Meaning of fundraising appeal

5. Meaning of fundraising appeal



(1) A fundraising appeal occurs if a person solicits or receives money or a
benefit on the basis of a representation that the soliciting or receiving is
not solely for the profit or commercial benefit of the person or any other
person, cause or thing on whose behalf the person is soliciting or receiving
the money or benefit.

(2) For the purposes of this section, it does not matter if-

   (a)  the person who solicits or receives the money or benefit does not make
        the representation;

   (b)  the representation was direct or indirect;

   (c)  the majority of the money or benefit is not to be applied for the
        benefit of the person, cause or thing on whose behalf it is solicited
        or received;

   (ca) the person who solicits or receives the money or benefit does so as an
        ongoing activity or in relation to a particular period of time;

   (d)  the person who solicits or receives the money or benefit does so as a
        volunteer or is paid for doing so.

(3) Despite anything to the contrary in subsection (1), the following
activities are not a fundraising appeal-

   (a)  soliciting or receiving any money or benefit-

   (i)  for the purposes of a patriotic fund within the meaning of the
        Veterans Act 2005; or

   (ii) in relation to any raffle, lottery or other activity authorised or
        permitted under the Gambling Regulation Act 2003; or

   (b)  soliciting a person to become a member of an organisation or to pay
        the joining or membership fee of an organisation;

   (c)  the soliciting or receipt of any money or benefit by, or on behalf of,
        an organisation from a person-

   (i)  who is, or was, a member of the organisation; or

   (ii) who is in the process of becoming a member of the organisation; or

   (iii) who is a relative of, or who is personally acquainted with, any
        person referred to in subparagraph (i) or (ii)- even if the money or
        benefit is solicited or received on the basis that it will be applied
        for purposes other than the benefit of the organisation;

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   (e)  soliciting or receiving money or a benefit exclusively or
        predominantly from among people sharing a common employer or principal
        or place of work if the soliciting or receiving-

   (i)  is carried out by one of those people; and

   (ii) is made on the basis of a representation that the money or benefit
        will be applied for a benevolent or philanthropic purpose connected
        directly with another of those people or with the immediate family of
        another of those people;

   (f)  soliciting or receiving money or a benefit from-

   (i)  the Commonwealth, a State, a Territory, a local government body or any
        public authority or body created by, or that represents in any
        capacity, the Commonwealth, a State or a Territory;

   (ii) a corporation, partnership or trust that is permitted to donate money
        or benefits for non-profit or non-commercial purposes by its
        memorandum of incorporation, articles of association, partnership
        agreement, trust deed or other empowering document;

   (g)  any other activity that the regulations state is not a fundraising
        appeal.