Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 26

Proceeds may only be given to beneficiaries

26. Proceeds may only be given to beneficiaries



(1) A person conducting a fundraising appeal must not give, and must not
authorise or permit any other person to give, any of the net proceeds of the
appeal to any person, cause or thing who is not a beneficiary of the appeal,
unless otherwise permitted by the Director under subsection (2) or ordered by
the Court under section 35A.

Penalty: In the case of a corporation, 240 penalty units. In any other case,
120 penalty units or imprisonment for 12 months or both.

(2) On the application of a person conducting a fundraising appeal, the
Director may permit the person to give part of the net proceeds of the appeal
to a person who is not a beneficiary if the Director is of the opinion that
there are special circumstances.

(3) In this section-

beneficiary, in relation to a fundraising appeal, means-

   (a)  any person, thing, cause or class of person listed as a beneficiary
        under section 18(2)(g) or 22 by the person conducting the appeal when
        applying for registration, or the renewal of registration, as a
        fundraiser or under section 24C(2);

   (b)  any person who is acting on behalf of such a person, thing, cause or
        class of person;





net proceeds, in relation to a fundraising appeal, means the proceeds of the
appeal other than those that have been used to pay any of the expenses of
conducting the appeal.