Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 37

Minister or Director may refer question to Court for answer

37. Minister or Director may refer question to Court for answer



(1) At any time the Minister or the Director may refer to the Court any
question as to whether-

   (a)  a particular person in relation to a fundraising appeal-

   (i)  is conducting (or administering or participating in) or has conducted
        (or administered or participated in) the appeal; or

   (ii) is or was exempt from the Act, or a part of the Act; or

   (iii) has provided accurate information in any application, notice or
        statement required by or under this Act; or

   (iv) has in any other respect complied or failed to comply with the
        provisions of this Act;

   (b)  a fundraising appeal being, or to be, conducted is or is not in the
        public interest.

(2) Any finding of fact, or of mixed fact and law, that the Court makes in
response to an application under this section is admissible as evidence of the
relevant fact in any proceedings against a person for an offence against
this Act.

(3) Subsection (2) does not apply to a finding that is quashed, or that is
substituted by another finding, on appeal or review.

(4) If a finding of fact, or of mixed fact and law, is substituted by another
finding on appeal or review, subsection (2) applies to the substituted finding
as if it had been made by the Court.