Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 16A

Other exemptions from this Part

16A. Other exemptions from this Part



(1) The Minister, by Order published in the Government Gazette-

   (a)  may exempt a person or organisation, or a class of person or
        organisation, from having to comply with all, or any provision, of
        this Part; and

   (b)  may impose conditions in relation to any exemption granted under
        paragraph (a).

(2) The Minister may declare, by Order published in the Government Gazette-

   (a)  that a specified person or organisation, or a specified sub-class of
        person or organisation, falls within a class created by an Order made
        under subsection (1);

   (b)  that a specified person or organisation, or a specified sub-class of
        person or organisation, is not exempt from this Part, even though the
        person, organisation or sub-class falls within a class created by an
        Order made under subsection (1).

(3) A declaration under subsection (2) has effect according to its tenor.

(4) If a condition applies in relation to an exemption applying to a person or
organisation under this section, the exemption does not apply to the person or
organisation during any period in which the person or organisation does not
comply with the condition.



(5) On or before the 6th sitting day after an Order made under this section is
published in the Government Gazette, the Minister must ensure that a copy of
the Order is laid before each House of the Parliament.

(6) A failure to comply with subsection (5) does not affect the operation or
effect of the Order but the Scrutiny of Acts and Regulations Committee of the
Parliament may report the failure to each House of the Parliament.

(7) An Order made under this section may be disallowed in whole or in part by
either House of Parliament.

(8) Part 5 of the Subordinate Legislation Act 1994 applies to an Order made
under this section as if-

(a) a reference in that Part to a "statutory rule" was a reference to the
Order; and

   (b)  a reference in section 23(1)(c) of that Part to "section 15(1)" was a
        reference to subsection (5).