FUNDRAISING ACT 1998 - SECT 5 Meaning of fundraising appeal

FUNDRAISING ACT 1998 - SECT 5

    (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;

S. 5(2)(ca) inserted by No. 2/2009 s. 6(1).

        (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—

S. 5(3)(a)(i) amended by No. 98/2005 s. 90.

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

S. 5(3)(a)(ii) amended by Nos 114/2003 s. 12.1.3

(Sch. 6 item 5), 47/2019 s. 34(1).

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

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

S. 5(3)(c) substituted by No. 70/2001 s. 5.

        (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;

S. 5(3)(d) repealed by No. 2/2009 s. 6(2).

    *     *     *     *     *

S. 5(3)(e) amended by No. 47/2019 s. 34(2).

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

S. 5(3)(e)(i) amended by No. 47/2019 s. 34(2).

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

S. 5(3)(e)(ii) amended by No. 47/2019 s. 34(2).

              (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 persons or with the immediate family of another of those persons;

        (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.