Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 34

Court may order person to stop conducting an appeal

34. Court may order person to stop conducting an appeal



(1) The Court may order a person to stop conducting a fundraising appeal and
any associated activities, or any activities relating to a proposed
fundraising appeal, if it is satisfied-

   (a)  that the person (or any person assisting in conducting or
        administering the appeal or proposed appeal) has failed, with respect
        to the appeal or proposed appeal, to comply with any provision of
        this Act or any condition imposed by the Minister under this Act; or

   (b)  that the appeal or proposed appeal is not being, or will not be,
        conducted or administered in good faith for the purposes stated to
        those from whom money was, is being, or will be, sought; or

   (c)  that the appeal or proposed appeal should be stopped in the public
        interest; or



   (d)  that the person (or any person assisting in conducting or
        administering the appeal or proposed appeal) uses fundraising
        practices or activities that may bring public fundraising into
        disrepute; or

   (e)  that any registration obtained under this Act in relation to the
        appeal was obtained by fraud or on the basis of the supply of false,
        misleading or incomplete information; or

   (f)  in respect of an appeal conducted by a registered fundraiser-

   (i)  that the registered fundraiser-

                (A)  is an insolvent under administration or is an
                     externally-administered body corporate; or

                (B)  has been found guilty of a disqualifying offence since
                     becoming registered as a fundraiser; or

                (C)  is a represented person within the meaning of the
                     Guardianship and Administration Act 1986; or

   (ii) that an appeal manager of the appeal-

                (A)  falls within one of the categories listed in paragraph
                     (f)(i); or

                (B)  is not a fit and proper person to be associated with the
                     appeal; or

                (C)  was an appeal manager for a fundraising appeal within the
                     10 years immediately before the application for the order
                     was filed that was conducted by a person who was found
                     guilty of a disqualifying offence within that period; or

   (iii) that an associate of the registered fundraiser falls within one of
        the categories listed in section 19B(3)- unless the Director knew that
        the registered fundraiser, appeal manager or associate fell within
        that category at the time the registered fundraiser gave the Director
        details of the registered fundraiser, appeal manager or associate.

(2) The Court may order a person to stop any particular activity associated
with a fundraising appeal or a proposed fundraising appeal if it is satisfied-

   (a)  that the activity does not comply with a provision of this Act or a
        condition imposed by the Minister or the Director under this Act; or

   (aa) that the activity may bring public fundraising into disrepute; or



   (b)  that the activity should be stopped in the public interest.

(3) The Court may make an order, or revoke an order, under this section on the
application of the Minister or the Director.

(4) In making an order, the Court-

   (a)  may specify that the order is to take effect immediately;

   (b)  must, in any other case, specify the date on which the order is to
        take effect;

   (c)  may provide that the order is to lapse before it takes effect if
        certain conditions set out in it are met;

   (d)  may impose restrictions on how the assets of the appeal are to be
        distributed or dealt with;

   (e)  may stay all or part of the order;

   (f)  may make any consequential order it thinks is necessary to give effect
        to the order.





(5) If the Court makes an order under this section in relation to a person who
is exempt from all or part of Part 3, the Court may include in its Order a
declaration that the exemption (or part of the exemption) is not to apply to
the person for a specified period.

(6) If the Court exercises its powers under subsection (5), the exemption (or
part of the exemption) specified in the Order does not apply to the person
during the period specified under that subsection.