Victorian Consolidated Legislation

Fundraising Appeals Act 1998 - SECT 7

PART 2 PROVISIONS APPLYING TO ALL FUNDRAISING APPEALS

False statements while seeking donations

7. False statements while seeking donations



(1) In conducting or participating in a fundraising appeal, a person must not
make or give any representation or oral or written statement in relation to
the appeal to another person that misleads or deceives, or that is likely to
mislead or deceive-

   (a)  the other person; or

   (b)  anyone else to whom the other person may make, repeat or give the
        representation or oral or written statement.

Penalty: In the case of a corporation, 240 penalty units.
In any other case, 120 penalty units or imprisonment for 12 months or both.

(2) It is a defence to a charge under subsection (1) if the person charged can
show-

   (a)  that she or he reasonably believed that the representation or
        statement was not misleading or deceptive, and was not likely to
        mislead or deceive; or

   (b)  that the statement was an accurate repetition of information supplied
        by another person, and that the person repeating or passing on the
        statement had no reasonable grounds to doubt that the information was
        true.





(3) However, a person may not rely on the defence referred to in subsection
(2)(b) unless the person gave the person bringing the charge at least 7 days
before the charge is heard a notice identifying the person who supplied the
information or, if that identity is not known, setting out all the information
the person charged has concerning the person who supplied the information.

(4) Despite subsection (3), the court before which the charge is brought may
permit a person to rely on the defence referred to in subsection (2)(b) even
though the person did not give the notice required by subsection (3) at least
7 days before the charge is heard.