Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 3

Definitions

3. Definitions

In this Act-

appeal manager, in relation to a fundraising appeal, means a person who has
any managerial or financial responsibility for the appeal;

associate has the meaning set out in section 6A;



benefit includes any gain or reward;

commercial fundraiser means a person who is retained on a commercial basis by
another person to administer all or part of a fundraising appeal for the other
person;

conduct a fundraising appeal has the meaning set out in section 6;

Court means the Magistrates' Court of Victoria;

designated person means the designated person named by an incorporated
association or an unincorporated organisation under section 18 or 64;

Director means the Director within the meaning of the Fair Trading Act 1999;





disqualifying offence means-

   (a)  an offence involving fraud, dishonesty, violence or drug trafficking
        that is punishable by imprisonment for 3 months or more in the case of
        a natural person, or by a fine of $10 000 or more in the case of a
        body corporate; or

   (b)  an offence under this Act;

externally-administered body corporate has the same meaning as in the
Corporations Act;





fundraising appeal has the meaning set out in section 5;

insolvent under administration means-

   (a)  a person who is an undischarged bankrupt; or

   (b)  a person for whom a debt agreement has been made under Part IX of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the debt agreement
        has not ended or has not been terminated; or

   (c)  a person who has executed a deed of arrangement under Part X of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the terms of the
        deed have not been fully complied with; or

   (d)  a person whose creditors have accepted a composition under Part X of
        the Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if a final payment has
        not been made under that composition;

inspector means an inspector appointed under the Fair Trading Act 1999;

participate in a fundraising appeal means to solicit or receive any money or
benefit for the purposes of the appeal;





public place means-

   (a)  any public highway, road, street, bridge, footway, footpath, court,
        alley, passage or thoroughfare even though it may be formed on private
        property;

   (b)  any park, garden, reserve or other place of public recreation or
        resort;

   (c)  any railway station, platform or carriage;

   (d)  any wharf, pier or jetty;

   (e)  any passenger ship or boat to which the public has access;

   (f)  any public vehicle;

   (g)  any market;

   (h)  any auction room or place while a sale by auction is being conducted
        there;

   (i)  any place of public resort; or

   (j)  any open place to which the public whether upon or without payment for
        admittance have, or are permitted to have, access. but does not
        include-

   (k)  any Government school or non-Government school within the meaning of
        the Education and Training Reform Act 2006 or any related land or
        premises;

   (l)  any land or premises owned or occupied by a university, TAFE institute
        or other tertiary educational institution;

   (m)  any land or premises owned or occupied by a registered funded agency
        within the meaning of the Health Services Act 1988;

   (n)  any church, chapel or other premises or related land that is owned or
        occupied by a religious organisation;

register means the register required by section 70A;

registered fundraiser means a person who is registered as a fundraiser by the
Director under Division 2 of Part 3;

registrar means registrar of the Court;

religious organisation means an organisation in respect of which a
Proclamation is in force under section 26 of the Marriage Act 1961 of the
Commonwealth;

responsible person means the responsible person named for the purposes of
section 64A by an incorporated person under section 18(2)(k) or 64B;

retention period means a period of 45 days after the seizure of a thing under
Part 5;

Secretary means the Secretary to the Department of Justice;

unincorporated organisation means a group of people who-

   (a)  conduct an activity under a common name; and

   (b)  maintain a list of members in relation to the conduct of that
        activity.