Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 4

Reference provisions

4. Reference provisions



(1) A reference to a person in this Act includes a reference to an
incorporated association and to each member of an unincorporated organisation.

(2) Despite subsection (1), a reference to a person in any provision creating
an offence under this Act does not include a reference to a member of an
unincorporated organisation unless it can be proved that the member instigated
or actively engaged in, or consented to, the conduct that constitutes the
offence, or that the offence was attributable to any wilful neglect by the
member.

(3) For the purposes of this Act, a person is not a member of an
unincorporated organisation unless she or he has consented to being a member
of the organisation.

(4) A reference to a party in relation to a court proceeding is, in the case
of an incorporated association or an unincorporated organisation, a reference
to the designated person of that association or organisation.

(5) A reference in this Act-

(a) to "she or he", "he or she", "her or him" or "him or her" is to be read as
including a reference to "it"; and

(b) to "her or his" or "his or her" is to be read as including a reference to
"its"-

if the context permits.

(6) A reference in this Act to "this Act" includes a reference to the
regulations.



(7) A reference in this Act to being found guilty of an offence includes a
reference to having a charge of committing that offence found proven.

(8) A reference in this Act to an offence under this Act, in relation to a
finding of guilt, includes a reference to an offence under the Fundraising
Appeals Act 1984.

(9) A reference in this Act to the registration of a person as a fundraiser
includes a reference to the deemed registration of the person as a fundraiser.

(10) A reference to assets obtained as a result of a fundraising appeal
includes, in so far as the reference relates to a particular point of time, a
reference to any assets that are received in relation to the appeal after that
time.

(11) The provisions of this section are subject to any contrary intention in
any other section of this Act.