Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 36

Court may make orders concerning wrongly obtained assets

36. Court may make orders concerning wrongly obtained assets



(1) This section applies if-

   (a)  assets are obtained as a result of a fundraising appeal that was, or
        is being, conducted or administered in contravention of this Act; or

   (b)  assets that were obtained as a result of a fundraising appeal were
        not, or are not being, applied for the purposes stated to the people
        from whom the assets were obtained.

(2) The Minister or the Director may apply to the Court for an order in
relation to the retrieval and disposal of the assets.

(3) The Court may make any order concerning the retrieval and disposal of the
assets that it thinks is appropriate having regard to the stated purpose of
the appeal.

(4) However, the Court may only make an order in respect of an asset if it is
satisfied-

   (a)  that subsection (1) applies; and

   (b)  that the asset can be traced back (whether directly or indirectly) to
        the assets that were obtained as a result of the appeal; and

   (c)  in the case of an asset that is an object, that the asset is not held
        by a person who obtained it in good faith and for value.

(5) The Court may make any consequential order it thinks is necessary to give
effect to any order that it makes under subsection (3).

(6) Without intending to limit subsection (5), the Court-

   (a)  may order that a specified asset is not to be disposed of, or
        otherwise dealt with, by any person except in the manner and
        circumstances specified in the order; and

   (b)  if the Court considers that the circumstances so require, may direct a
        specified trustee to take control of the asset.