Fundraising Act 1998 (Vic)

Version No. 042

Fundraising Act 1998

No. 78 of 1998

Version incorporating amendments as at

31 August 2020

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary matters

1Purpose

2Commencement

2AObject

3Definitions

4Reference provisions

5Meaning of fundraising appeal

6Meaning of conduct a fundraising appeal

6AMeaning of associate

6BInterpretation of public interest

Part 2—Provisions applying to all fundraising appeals

7False statements while seeking donations

8False statements to employees, agents etc. concerning compliance with the Act

9Identification badges for collectors

10Collection receptacles to be secure, numbered and labelled etc.

11Use and emptying of receptacles to be properly supervised

12Exceptions to sections 10 and 11

12APortion of funds received for supply of goods or services directed to fundraising to be disclosed

12BCondition concerning manner of disclosure of portion of funds to be directed to fundraising

14Paid phone etc. canvassers must disclose that they are being paid

15Letters etc. by commercial fundraisers must disclose certain details

15ADirect debit request form

Part 3—Provisions applying to particular fundraising appeals only

Division 1—Application of this Part

16This Part does not apply to some organisations

16AOther exemptions from this Part

16BExemption does not cover commercial fundraisers

Division 2—Registration of fundraisers

17Meaning of intended appeal

17AFundraisers must be registered

18Application for registration as a fundraiser

18AConsent of intended beneficiaries also needed

18BUrgent applications

18CApplication if exemption ceases to apply

18DInformation concerning applications

18EDirector may obtain information from Chief Commissioner of Police

18FConsent to disclosure of information may be required

19Registration as a fundraiser

19ARegistration to be refused in certain cases

19BDirector may refuse registration in certain cases

19CConditions on registration

20Duration of registration

20AAAWhen duration of registration may be reduced

20AAProcess for reducing duration of registration

20ADetails of registration to be given in the register

21Deemed registration if no response within 21 days

22Renewal of registration

23Director may impose conditions at any time

23ACondition concerning distribution of proceeds

Division 2AA—Commonwealth registered entities

23ABEffect of Commonwealth registration

23ACDuration of deemed registration

23ADNotification of changes

23AEConditions on deemed registration

23AFApplication of this Act to deemed registered fundraisers

23AGSuspension of deemed registration

23AHAction to be taken on suspension

23AIDisclosure of information relating to Commonwealth registered entities

Division 2A—Notification of changes

24Change of appeal manager to be notified

24ARetention of commercial fundraiser to be notified

24BBankruptcy, convictions etc. to be notified

24CAddition of beneficiaries to be notified

24DChange of contact person to be notified

Division 3—Conduct of appeals

25Appeals must be conducted in accordance with conditions imposed and details given

26Proceeds may only be given to beneficiaries

27All appeal money must be banked

Division 4—Accounts and records to be kept

28Purpose and scope of this Division

29Fundraisers must keep certain records and accounts

30Other records that fundraisers must keep

31Where and for how long records are to be stored

Division 5—Audit of accounts and records

32Director may require accounts to be audited

Division 6—Public inspection of accounts and records

33Public may inspect some records

Division 7—Deregistration of fundraisers

33ADirector may deregister fundraiser

33BProcess for expedited deregistration

33CProcess for other deregistration

33DAction to be taken on deregistration

33EAdditional obligations of deregistered commercial fundraisers

33FAdditional obligation on person using commercial fundraiser

33GRestriction on fundraisers if notice of deregistration given

33HAction to be taken if registration expires

33IChange of circumstance affects power to deregister

33JPerson may apply for review of Director's decision

33KCertain actions not subject to review

33LAutomatic extension of notice of deregistration or reduction of duration of registration

33MAutomatic reversal if Court order quashed etc.

Division 7A—Deregistration of deemed registered fundraisers under this Act

33NDirector may deregister deemed registered fundraisers

33OAction to be taken on deregistration

33PRestriction on further registration

Part 4—Powers of the Court

Division 1—Jurisdiction of the Court under this Act

34Court may order person to stop conducting an appeal

35Court may make a temporary order without notice

35ACourt may make orders concerning distribution of appeal assets

36Court may make orders concerning wrongly obtained assets

37Minister or Director may refer question to Court for answer

38Form of reference

Division 2—Procedure and conduct of matters under this Part

39Powers of Court

40Evidentiary provisions

41Appearance of parties

42Determination of Court

43Effect of determination

Part 5—Enforcement provisions

Division 1—General enforcement provisions

44Minister or Director may demand information

46Searches to monitor compliance with this Act

47Offence-related searches and seizures

48Occupier to be given copy of consent

49Search warrant

50Announcement before entry

51Copy of warrant to be given to occupier

52Receipt must be given for any thing seized

53Copies of certain seized things to be given

54Use of equipment to examine or process things

55Use or seizure of electronic equipment at premises

56Compensation for damage caused during inspections

57Return of seized things

58Court may extend period

59Power of inspector to require information or documents

60Protection against self-incrimination

61Inspectors etc. must not disclose information

61ADirector may order distribution of assets

61BDirector may appoint an administrator

Division 2—Infringement notices

61CDefinition

61DPower to serve an infringement notice

61EForm of notice

Part 6—Miscellaneous matters

62False statements

63Role of designated person

64Change of designated person

64AAppointment and role of responsible person

64BChange of responsible person

65Presumption concerning the service of documents by post

66Continuing offences

67Extended time for prosecutions

68Application of Australian Consumer Law and Fair Trading Act 2012

69Delegation by Minister and Director

70Judicial notice concerning authorisations

70ARegister

70BPublic information statements

71Regulations

Part 7—Transitional provisions

72Transitional provision

74Registration as fundraiser not required in certain cases

75Temporary continuation of exemptions

76Change of title provision

77Transitional provision relating to duration of registration

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 042

Fundraising Act 1998

No. 78 of 1998

Version incorporating amendments as at

31 August 2020

The Parliament of Victoria enacts as follows:

Part 1—Preliminary matters

1Purpose

The purpose of this Act is to regulate the raising and application of money and other benefits for non-commercial purposes from the public.

2Commencement

(1)This section and section 1 come into operation on the day this Act receives the Royal Assent.

(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 1 July 1999, it comes into operation on that day.

2AObject

The object of this Act is to facilitate—

(a)transparency and public confidence in the fundraising industry and in not-for-profit organisations that conduct fundraising; and

(b)the protection of members of the public from whom money or a benefit is solicited for beneficial or benevolent purposes in the course of fundraising; and

(c)the protection of the public interest in relation to fundraising.

3Definitions

In this Act—

appeal manager, in relation to a fundraising appeal, means a person who has any managerial or financial responsibility for the appeal;

associate has the meaning set out in section 6A;

benefit includes any gain or reward;

commercial fundraiser means a person who is retained on a commercial basis by another person to administer all or part of a fundraising appeal for the other person;

Commissioner of the ACNC has the same meaning as Commissioner has in the Commonwealth ACNC Act;

Commonwealth ACNC Act means the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;

Commonwealth registered entity means an entity registered under Part 2-1 of the Commonwealth ACNC Act;

conduct a fundraising appeal has the meaning set out in section 6;

Court means the Magistrates' Court of Victoria;

deemed registered fundraiser means a Commonwealth registered entity that is taken to be registered as a fundraiser under section 23AB;

designated person means the designated person named by an incorporated association or an unincorporated organisation under section 18 or 64;

Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;

disqualifying offence means—

(a)an offence involving fraud, dishonesty, violence or drug trafficking that is punishable by imprisonment for 3 months or more in the case of a natural person, or by a fine of $10 000 or more in the case of a body corporate; or

(b)an offence under this Act;

externally-administered body corporate has the same meaning as in the Corporations Act;

fundraising appeal has the meaning set out in section 5;

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inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

participate in a fundraising appeal means to solicit or receive any money or benefit for the purposes of the appeal;

public place means—

(a)any public highway, road, street, bridge, footway, footpath, court, alley, passage or thoroughfare even though it may be formed on private property;

(b)any park, garden, reserve or other place of public recreation or resort;

(c)any railway station, platform or carriage;

(d)any wharf, pier or jetty;

(e)any passenger ship or boat to which the public has access;

(f)any public vehicle;

(g)any market;

(h)any auction room or place while a sale by auction is being conducted there;

(i)any place of public resort; or

(j)any open place to which the public whether upon or without payment for admittance have, or are permitted to have, access—

but does not include—

(k)any Government school or  non-Government school within the meaning of the Education and Training Reform Act 2006 or any related land or premises;

(l)any land or premises owned or occupied by a university, TAFE institute or other tertiary educational institution;

(m)any land or premises owned or occupied by a registered funded agency within the meaning of the Health Services Act 1988;

(n)any church, chapel or other premises or related land that is owned or occupied by a religious organisation;

register means the register required by section 70A;

registered fundraiser means a person who is registered as a fundraiser by the Director under Division 2 of Part 3;

registrar means registrar of the Court;

religious organisation means an organisation in respect of which a Proclamation is in force under section 26 of the Marriage Act 1961 of the Commonwealth;

responsible person means the responsible person named for the purposes of section 64A by an incorporated person under section 18(2)(k) or 64B;

retention period means a period of 45 days after the seizure of a thing under Part 5;

Secretary means the Secretary to the Department of Justice;

unincorporated organisation means a group of persons who—

(a)conduct an activity under a common name; and

(b)maintain a list of members in relation to the conduct of that activity.

4Reference 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 under section 21, 33M or 77.

(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.

5Meaning of fundraising appeal

(1)A fundraising appeal occurs if a person solicits or receives money or a benefit on the basis of a representation that the soliciting or receiving is not solely for the profit or commercial benefit of the person or any other person, cause or thing on whose behalf the person is soliciting or receiving the money or benefit.

(2)For the purposes of this section, it does not matter if—

(a)the person who solicits or receives the money or benefit does not make the representation;

(b)the representation was direct or indirect;

(c)the majority of the money or benefit is not to be applied for the benefit of the person, cause or thing on whose behalf it is solicited or received;

(ca)the person who solicits or receives the money or benefit does so as an ongoing activity or in relation to a particular period of time;

(d)the person who solicits or receives the money or benefit does so as a volunteer or is paid for doing so.

(3)Despite anything to the contrary in subsection (1), the following activities are not a fundraising appeal—

(a)soliciting or receiving any money or benefit—

(i)for the purposes of a patriotic fund within the meaning of the Veterans Act 2005; or

(ii)in relation to any raffle, lottery or other activity authorised or permitted under the Gambling Regulation Act 2003;

(b)soliciting a person to become a member of an organisation or to pay the joining or membership fee of an organisation;

(c)the soliciting or receipt of any money or benefit by, or on behalf of, an organisation from a person—

(i)who is, or was, a member of the organisation; or

(ii)who is in the process of becoming a member of the organisation; or

(iii)who is a relative of, or who is personally acquainted with, any person referred to in subparagraph (i) or (ii)—

even if the money or benefit is solicited or received on the basis that it will be applied for purposes other than the benefit of the organisation;

*                *                *                *                *

(e)soliciting or receiving money or a benefit exclusively or predominantly from among persons sharing a common employer or principal or place of work if the soliciting or receiving—

(i)is carried out by one of those persons; and

(ii)is made on the basis of a representation that the money or benefit will be applied for a benevolent or philanthropic purpose connected directly with another of those persons or with the immediate family of another of those persons;

(f)soliciting or receiving money or a benefit from—

(i)the Commonwealth, a State, a Territory, a local government body or any public authority or body created by, or that represents in any capacity, the Commonwealth, a State or a Territory;

(ii)a corporation, partnership or trust that is permitted to donate money or benefits for non-profit or non-commercial purposes by its memorandum of incorporation, articles of association, partnership agreement, trust deed or other empowering document;

(g)any other activity that the regulations state is not a fundraising appeal.

6Meaning of conduct a fundraising appeal

(1)A person conducts a fundraising appeal if she or he—

(a)organises the appeal in a capacity other than that of an employee or agent; or

(b)is the sole participant in the appeal; or

(c)is one of a number of participants in the appeal, but is not participating in the appeal as an employee or agent.

(2)In determining whether a person is conducting a fundraising appeal, it does not matter whether the person is acting as a volunteer or is being paid.

(3)If a person who conducts a fundraising appeal retains a commercial fundraiser to administer all or part of the appeal, a reference in this Act to the person conducting the appeal is a reference—

(a)to the person in respect of the appeal as a whole and of any aspect of the appeal that encompasses the appeal as a whole (such as a requirement to produce accounts relating to the appeal); and

(b)to the commercial fundraiser in respect of any aspect of the appeal that is being administered by the commercial fundraiser irrespective of whether the commercial fundraiser is an agent of the person; and

(c)to the person in respect of any other aspect of the appeal.

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6AMeaning of associate

For the purposes of this Act, a person is an associate of another person—

(a)if the person is able, or will be able, to have a significant influence over, or with respect to, the management or operation of the fundraising activities of the other person; or

(b)in the case of another person that is a body corporate, if the person is a director, secretary or manager of the other person.

6BInterpretation of public interest

Without limiting the generality of the meaning of public interest, for the purposes of this Act a fundraising appeal is not conducted in the public interest if, in the opinion of the Court or the Director, as the case may be, the expenses payable in respect of the appeal in a particular period exceed a reasonable proportion of the total amount raised in that period.

Part 2—Provisions applying to all fundraising appeals

7False 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.

8False statements to employees, agents etc. concerning compliance with the Act

A person—

(a)who is conducting or is proposing to conduct a fundraising appeal; or

(b)who is acting on behalf of a person who is conducting or is proposing to conduct a fundraising appeal—

must not represent to an employee, agent or collector (whether voluntary or otherwise) that any thing required or permitted by this Act to be done in relation to the appeal has been done if it has not been done.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

9Identification badges for collectors

(1)If a person is in the course of conducting or participating in a fundraising appeal—

(a)in a public place; or

(b)on the premises of a person from whom money or a benefit is being solicited or received without the prior invitation of that latter person—

she or he must wear an identifying badge in such a way that the entire face of the badge is at all times clearly visible.

Penalty:10 penalty units.

(2)A person who is conducting a fundraising appeal must issue an identifying badge to each person participating in the appeal who is required by subsection (1) to wear an identifying badge and must ensure that the badge—

(a)prominently displays the words "Paid Collector" if the person to whom it is issued is entitled, or expects, to be paid for participating in the appeal (other than for out-of-pocket expenses);

(b)prominently displays the words "Volunteer Collector" if the person to whom it is issued is not entitled, and does not expect, to be paid for participating in the appeal (other than for out-of-pocket expenses);

(c)complies with any other requirements specified in the regulations.

Penalty:In the case of a corporation, 120 penalty units.

In any other case, 60 penalty units or imprisonment for 6 months or both.

10Collection receptacles to be secure, numbered and labelled etc.

(1)A person who is conducting a fundraising appeal must ensure that any receptacles that are used to collect donations for the appeal that are in a public place—

(a)are securely constructed, properly sealed and consecutively numbered; and

(b)are clearly labelled with—

(i)the name of the appeal; or

(ii)the name of the person conducting the appeal and the person or class of person or causes or things on whose behalf the appeal is being conducted.

Penalty:In the case of a corporation, 120 penalty units.

In any other case, 60 penalty units or imprisonment for 6 months or both.

(2)Despite subsection (1), it is not necessary for the person to ensure that a receptacle used to collect money is properly sealed if every person who puts money in the receptacle (or who gives money that is to be put in the receptacle) is given a receipt in a form authorised by the person conducting the appeal.

(3)This section does not apply to receptacles used as part of a highway collection carried out in compliance with the Road Safety Act 1986 (or any regulations made under that Act).

11Use and emptying of receptacles to be properly supervised

(1)A person who is conducting a fundraising appeal must ensure that the use and emptying of any receptacles that are used to collect money for the appeal are supervised in a way that ensures, to the maximum extent that is practicable in the circumstances of the appeal—

(a)in the case of a fundraising appeal to which Part 3 applies, that all the money is deposited in one of the accounts referred to in section 27;

(b)in any other case, that all the money is collected and given to the person.

Penalty:In the case of a corporation, 120 penalty units.

In any other case, 60 penalty units or imprisonment for 6 months or both.

(2)A person who is conducting a fundraising appeal must ensure that the use and emptying of any receptacles that are used to collect donations other than money for the appeal are supervised in a way that ensures, to the maximum extent that is practicable in the circumstances of the appeal, that all the donations are collected and properly processed.

Penalty:In the case of a corporation, 120 penalty units.

In any other case, 60 penalty units or imprisonment for 6 months or both.

12Exceptions to sections 10 and 11

(1)The obligations imposed on a person by sections 10 and 11 are subject to any contrary obligations imposed on the person by the Director under section 19C or 23.

(2)Sections 10 and 11 do not apply to receptacles used in any circumstances specified for the purposes of this subsection by the regulations.

12APortion of funds received for supply of goods or services directed to fundraising to be disclosed

(1)A person, who supplies goods or services in the course of a business and represents that a portion of the money or benefit received in relation to that supply is to be applied for a beneficial or benevolent purpose, must disclose in accordance with subsection (2) to the person to whom the goods or services are to be supplied the dollar amount or percentage amount of the money or benefit to be so applied.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units.

(2)For the purposes of subsection (1), the disclosure must be made—

(a)in writing in accordance with any condition imposed under section 12B; and

(b)to the person to whom the goods or services are to be supplied before the contract in relation to that supply is entered into.

12BCondition concerning manner of disclosure of portion of funds to be directed to fundraising

In the case of a registered fundraiser, without limiting section 19C or 23, the Director may impose a condition on the fundraiser's registration specifying the manner in which a disclosure must be made for the purposes of section 12A.

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14Paid phone etc. canvassers must disclose that they are being paid

(1)This section applies to a person—

(a)who seeks donations to, or offers to sell anything as part of, a fundraising appeal by telephone or by any other method of spoken direct personal communication involving electronic or mechanical means; and

(b)who is entitled, or expects, to receive money or some other financial reward for participating in the appeal (other than for out-of-pocket expenses).

(2)Before seeking a donation, the person must state to the person from whom the donation is being sought—

(a)the fact that the person seeking the donation has been retained on a commercial basis to seek the donation; and

(b)the name of the person who is employing (or who has retained) the person seeking the donation; and

(c)the name of the person on whose behalf the donation is sought (if this name is different from the name required by paragraph (b)).

Penalty:10 penalty units.

(3)Before offering to sell anything, the person must state to the person to whom the offer is to be made—

(a)the fact that the person making the offer has been retained on a commercial basis to make the offer; and

(b)the name of the person who is employing (or who has retained) the person making the offer; and

(c)the name of the person on whose behalf the offer is being made (if this name is different from the name required by paragraph (b)).

Penalty:10 penalty units.

15Letters etc. by commercial fundraisers must disclose certain details

(1)This section applies if a commercial fundraiser seeks donations to, or offers to sell anything as part of, a fundraising appeal by any means of communication to which section 14 does not apply.

(2)In the case of any communication by means of a document, the commercial fundraiser must ensure that the document states—

(a)that the document has been sent or distributed by the commercial fundraiser; and

(b)that the commercial fundraiser has been retained on a commercial basis to send or distribute the document.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

(3)In the case of any other means of communication, the commercial fundraiser must ensure that a donation is not sought, and that an offer to sell is not made, unless any person from whom the donation is sought, or to whom the offer is made, is informed of—

(a)the fact that the communication has been made by the commercial fundraiser; and

(b)the fact that the commercial fundraiser has been retained on a commercial basis to seek the donation or make the offer by that means of communication.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

15ADirect debit request form

A person who conducts a fundraising appeal must ensure that any form used for the purposes of the appeal to enable donation using direct debit facilities by a person from whom money is solicited—

(a)is easily legible; and

(b)to the extent that it is printed or typed, uses a minimum 10 point font; and

(c)is clearly expressed.

Penalty:In the case of a corporation, 120 penalty units.

In any other case, 60 penalty units.

Part 3—Provisions applying to particular fundraising appeals only

Division 1—Application of this Part

16This Part does not apply to some organisations

Subject to section 16B, this Part does not apply to the conduct of a fundraising appeal by the following organisations—

(a)a Government school, a school council or a non-Government school within the meaning of the Education and Training Reform Act 2006;

(b)a university, TAFE institute or other tertiary educational institution;

(ba)an early childhood service within the meaning of the Education and Training Reform Act 2006 that, to provide a preschool program, employs or engages—

(i)a registered early childhood teacher; or

(ii)a person holding a temporary approval within the meaning of the Education and Training Reform Act 2006; or

(iii)a person who is taken to be an early childhood teacher under regulation 242 of the regulations made under the Education and Care Services National Law (Victoria);

(c)a registered funded agency within the meaning of the Health Services Act 1988;

(d)a religious organisation;

(e)a political party registered under section 50 of the Electoral Act 2002;

(f)a trade union registered under the Trade Unions Act 1958;

(g)an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.

*                *                *                *                *

16AOther exemptions from this Part

(1)The Minister, by Order published in the Government Gazette—

(a)may exempt a person or organisation, or a class of person or organisation, from having to comply with all, or any provision, of this Part; and

(b)may impose conditions in relation to any exemption granted under paragraph (a).

(2)The Minister may declare, by Order published in the Government Gazette—

(a)that a specified person or organisation, or a specified sub-class of person or organisation, falls within a class created by an Order made under subsection (1);

(b)that a specified person or organisation, or a specified sub-class of person or organisation, is not exempt from this Part, even though the person, organisation or sub-class falls within a class created by an Order made under subsection (1).

(3)A declaration under subsection (2) has effect according to its tenor.

(4)If a condition applies in relation to an exemption applying to a person or organisation under this section, the exemption does not apply to the person or organisation during any period in which the person or organisation does not comply with the condition.

(5)On or before the 6th sitting day after an Order made under this section is published in the Government Gazette, the Minister must ensure that a copy of the Order is laid before each House of the Parliament.

(6)A failure to comply with subsection (5) does not affect the operation or effect of the Order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

(7)An Order made under this section may be disallowed in whole or in part by either House of Parliament.

(8)Part 5 of the Subordinate Legislation Act 1994 applies to an Order made under this section as if—

(a)a reference in that Part to a "statutory rule" was a reference to the Order; and

(b)a reference in section 23(1)(c) of that Part to "section 15(1)" was a reference to subsection (5).

16BExemption does not cover commercial fundraisers

(1)This section applies if all or part of this Part does not apply to a person or organisation as a result of section 16 or 16A.

(2)If the person or organisation retains a commercial fundraiser to administer all or part of a fundraising appeal, this Part applies to the commercial fundraiser in respect of the appeal irrespective of whether the commercial fundraiser does so as an agent of the person or organisation.

Division 2—Registration of fundraisers

17Meaning of intended appeal

In this Division, intended appeal means any fundraising appeal that a person applying to be registered as a fundraiser intends, at the time of submitting the application, to conduct if the person is registered as a fundraiser.

17AFundraisers must be registered

Subject to Division 1, a person must not conduct a fundraising appeal unless she or he is registered by the Director as a fundraiser.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

Note

In the case of a person who ceases to be exempt from this Part while the person is conducting a fundraising appeal, section 18C suspends the operation of this section for a limited period.

18Application for registration as a fundraiser

(1)A person who wishes to apply to register as a fundraiser must submit an application for registration to the Director at least 28 days before the date she or he intends to start conducting any fundraising appeal.

Note

Section 18B enables the submission of an application for registration within 28 days of an intended appeal if there are special circumstances. In the case of a person who ceases to be exempt from this Part while the person is conducting a fundraising appeal, section 18C supplants the 28 day time limit specified in this subsection.

(2)The application must be in the form required by the Director and must state—

(a)the name of the person;

(b)if the person is a natural person, her or his residential or principal business address in Victoria;

(c)if the person is a corporation, the address in Victoria of its registered office or principal place of business;

(d)if the person is an incorporated association or an unincorporated organisation, the name and address of a natural person in Victoria appointed for the purposes of this Act as the designated person of the organisation;

(e)the name and contact details of a natural person who members of the public may contact in relation to any fundraising appeals to be conducted by the person;

(f)the name and address of any person who is, or who it is intended will be, an appeal manager for any fundraising appeals to be conducted by the person;

(g)either—

(i)the name of every person on whose behalf the person intends to conduct a fundraising appeal; or

(ii)the common features shared by the class of person for whose benefit the person intends to conduct a fundraising appeal, and the means by which the money or benefit is to be transmitted to that class or is to be distributed among the individual members of that class; or

(iii)if any intended appeal is not to be conducted for the immediate direct benefit of one or more persons, a description of the thing or cause for which the appeal is to be conducted, and the means by which the money or benefit will be applied to the thing or cause;

(h)with respect to any intended appeal—

(i)whether the person is to derive any money or benefit from the appeal;

(ii)the date on which it is intended to conduct, or start, the appeal;

(iii)the form of the appeal;

(i)if applicable, details (including the number) of the account that the person intends to use for the purposes of section 27(2);

(j)if the person has retained, or intends to retain, a commercial fundraiser or other person to administer part or all of an intended appeal, the name and address of that commercial fundraiser or other person;

(k)if the person is an incorporated association that was not incorporated in Victoria, the name and address of a person appointed for the purposes of this Act as the responsible person of the association;

(l)any other information required by the Director for the purposes of this Part.

Note

Paragraph (l) would, for instance, enable the Director to seek information in an application about associates of the person submitting the application to enable the Director to determine whether grounds for refusing the application exist under section 19B(3).

(3)A number of persons who are not an unincorporated organisation may combine to be registered as a fundraiser.

(4)If a number of persons combine to be registered as a fundraiser—

(a)the application must contain the name and address of each person; and

(b)they are deemed to be an unincorporated organisation.

(5)The Director may modify the requirements of subsection (2) to enable a person who is an organisation that is divided into a number of divisions or branches or other sub-groups to apply to register as a fundraiser without providing all the details required by that subsection in relation to any person acting on behalf of a division, branch or sub-group.

(6)In the case of an application by a person who is an incorporated association that was not incorporated in Victoria, the application must be accompanied by the consent required by section 64A(3) signed by the person appointed as the responsible person of the association.

18AConsent of intended beneficiaries also needed

(1)An application for registration as a fundraiser must be accompanied by—

(a)the written consent to an intended appeal of each intended beneficiary of the appeal; or

(b)a written explanation of why it is not practicable to comply with paragraph (a).

(2)If the intended beneficiaries of an intended appeal are the members of an organisation, the written consent of a duly authorised representative of the organisation is sufficient compliance with subsection (1)(a) with respect to the members of the organisation.

(3)For the purposes of this section, a person who will conduct or administer an intended appeal is not a beneficiary of the appeal unless the person is listed under section 18(2)(g)(i) or falls within a class described under section 18(2)(g)(ii).

18BUrgent applications

(1)Despite section 18(1), a person may apply to register as a fundraiser less than 28 days before the date she or he intends to start conducting any fundraising appeal if there are special circumstances.

(2)In addition to the information required by section 18, an application submitted under this section must set out those special circumstances.

18CApplication if exemption ceases to apply

(1)This section applies if a person who was exempt from this Part ceases to be exempt while the person is conducting a fundraising appeal.

(2)The person must apply to be registered as a fundraiser within—

(a)28 days after the exemption ceases to apply if the cessation is the result of the making of a new Order under section 16A; or

(b)in any other case, 28 days after the person becomes aware that the exemption no longer applies, or will no longer apply (whichever occurs first).

(3)Section 17A does not apply to the person until the expiry of the relevant period in subsection (2).

(4)For the purposes of this section, section 18(1) is to be read as if "at least 28 days before the date she or he intends to start conducting any fundraising appeal" was omitted.

(5)Sections 18(2), 18A, 19B and 19C apply to an application for registration to which this section applies as if a reference in those sections to a fundraising appeal to be conducted, or that it is intended to conduct, or to an intended appeal, included a reference to the appeal that the person is conducting.

(6)Section 19A(2) applies to an application for registration to which this section applies as if a reference in section 19A(2) to a fundraising appeal that a person may conduct included a reference to the appeal that the person is conducting.

(7)Section 19B(4) does not apply to an application for registration to which this section applies.

18DInformation concerning applications

(1)The Director may, within 21 days after receiving an application for registration, seek further information in relation to the application from the person who submitted the application.

(2)If the Director seeks further information from a person under subsection (1), the Director may, within 14 days of receiving the information, seek further information in relation to the application from the person.

18EDirector may obtain information from Chief Commissioner of Police

(1)On receiving an application for registration, the Director may ask the Chief Commissioner of Police to give the Director information concerning—

(a)the criminal record, if any, of—

(i)any person named in the application; and

(ii)any person the Director believes, on reasonable grounds, may be an associate of the person who submitted the application; and

(b)any other matter in relation to the application on which the Chief Commissioner may have information.

(2)The Chief Commissioner must, not more than 14 days after receiving such a request, give the requested details to the Director.

(3)The Chief Commissioner must comply with a request made under subsection (1)(a)(ii) if the Director states that she or he believes that she or he has reasonable grounds for making the request.

18FConsent to disclosure of information may be required

(1)The Director may require a person submitting an application for registration to provide the Director with any consent required by another person or body to enable the Director to obtain from the other person or body information to check or confirm any information set out in the application.

(2)A reference in this Part to seeking further information in relation to an application includes a reference to requiring the provision of any consent referred to in subsection (1).

(3)A reference to a consent in this section includes a reference to the consent of a person other than the person submitting the application.

Note

Subsection (3), would, for instance, enable the Director to require a person submitting an application to obtain the consent to a criminal record check of a person whom the Director believes on reasonable grounds is an associate of the person before the Director makes a final decision on whether or not to grant the application.

19Registration as a fundraiser

On receiving an application for registration from a person and after making any enquiries the Director considers to be appropriate, the Director may—

(a)register the person as a fundraiser; or

(b)refuse to register the person as a fundraiser.

19ARegistration to be refused in certain cases

(1)The Director must not register a person as a fundraiser if the person, or any person named in the application as an appeal manager—

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

(b)has been found guilty of a disqualifying offence within the 10 years immediately before the application for registration was lodged; or

(c)is a represented person within the meaning of the Guardianship and Administration Act 2019; or

(d)was an appeal manager for a fundraising appeal within the 10 years immediately before the application for registration was lodged that was conducted by a person who was found guilty of a disqualifying offence within that period.

(2)The Director must not register a person as a fundraiser if, in the opinion of the Director, there are reasonable grounds to suspect—

(a)that the person (or any person named in the application who may be involved in any fundraising appeal that the person may conduct) will not comply with any provision of this Act in relation to any fundraising appeal that the person may conduct; or

(b)that any fundraising appeal that the person may conduct will not be conducted or administered in good faith for the purposes stated to those from whom money will be sought; or

(c)that any fundraising appeal that the person may conduct will be contrary to the public interest.

(3)Despite subsection (1), the Director may register a person as a fundraiser even though the person or an appeal manager falls within a category described in subsection (1)(b) or (1)(d) if the Director is satisfied that circumstances exist that make it appropriate to register the person.

(4)Despite subsection (3), the Director must not register a person as a fundraiser if the person or an appeal manager has been found guilty of an offence under this Act within the 10 years immediately before the application for registration was lodged.

19BDirector may refuse registration in certain cases

(1)The Director may refuse to register a person as a fundraiser if, in the opinion of the Director—

(a)the application for registration contains false or misleading information; or

(b)there are significant omissions in the application for registration or the application is incomplete in a significant way; or

(c)the explanation of why the consent of a beneficiary of an intended appeal has not been supplied is not adequate or satisfactory; or

(d)in the case of an intended appeal on behalf of a class of beneficiary, the description of the class is too vague, or the class is insufficiently identified.

(2)The Director may refuse to register a person as a fundraiser if any person named in the application as an appeal manager is not, in the opinion of the Director, a fit and proper person to be associated with a fundraising appeal.

(3)The Director may refuse to register a person as a fundraiser if any associate of the person—

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

(b)has been found guilty of a disqualifying offence within the 10 years immediately before the application for registration was lodged; or

(c)is not, in the opinion of the Director, a fit and proper person to be associated with a fundraising appeal; or

(d)was an appeal manager for a fundraising appeal within the 10 years immediately before the application for registration was lodged that was conducted by a person who was found guilty of a disqualifying offence within that period.

(4)The Director may refuse to register a person as a fundraiser—

(a)if the application for registration is submitted less than 28 days before the date the person intends to start conducting a fundraising appeal; or

(b)if the person complies with section 18B, if the Director is of the opinion that there are no special circumstances.

19CConditions on registration

(1)In registering a person as a fundraiser, the Director may impose conditions on the person in relation to the conduct by the person—

(a)of fundraising appeals generally; or

(b)of any intended appeal.

(2)The Director, from time to time, may issue guidelines relating to the imposition of conditions under subsection (1).

(3)The Director—

(a)must publish the guidelines in the Government Gazette; and

(b)may publish the guidelines on the Internet.

(4)The guidelines take effect on the date of publication in the Government Gazette or such later date as is specified in the guidelines.

20Duration of registration

(1)The registration of a person as a fundraiser remains current—

(a)for 3 years from the date of registration; or

(ab)in the case of a person whose last registration was reduced under section 20AAA, for any shorter period specified by the Director in a written notice given to the person on registration; or

(b)for any longer period specified by the Director in a written notice given to the person on registration—

unless the person is deregistered in accordance with this Act before that period expires.

(2)The Director may not specify a period under subsection (1)(b) that is more than 5 years after the date of registration.

(3)The registration of a person who is deemed to be registered as a fundraiser under section 21 remains current for 3 years from the date the registration is deemed to occur, unless the person is deregistered in accordance with this Act before that period expires.

20AAA When duration of registration may be reduced

Despite section 20, the Director may reduce the duration of a person's registration as a fundraiser if the Director is satisfied, in relation to a fundraising appeal being conducted by the person, that the person (or any person assisting the person to conduct or administer the appeal) has failed, with respect to the appeal, to comply with—

(a)any provision of this Act; or

(b)any condition specified by the Director under section 12B, 19C or 23.

20AA   Process for reducing duration of registration

(1)Before reducing the duration of a person's registration as a fundraiser under section 20AAA, the Director—

(a)must give the person a written notice—

(i)stating that the Director is considering whether to reduce the duration of the person's registration and the reasons why the Director is considering doing so; and

(ii)inviting the person to make, within the time specified in the notice, a submission in relation to whether or not the Director should reduce the duration of the person's registration; and

(b)must consider any submission made by the person within the specified time.

(2)The Director must not specify a period of less than 7 days for the purposes of subsection (1)(a)(ii).

(3)If the Director decides to reduce the duration of the person's registration after considering any submission referred to in subsection (1)(b), the Director must give the person a second written notice stating that the duration of the registration is reduced.

(4)The Director must not, under subsection (3), specify a date on which the person's registration is to end that is less than 28 days after the date on which notice under that subsection was given to the person.

20ADetails of registration to be given in the register

(1)On registering a person as a fundraiser, the Director must ensure that the details of the registration required by the regulations are placed in the register.

(2)The Director must specify in the register the period for which the registration is to remain current.

21Deemed registration if no response within 21 days

(1)The Director is deemed to register a person as a fundraiser if—

(a)the person applied to be registered as a fundraiser in accordance with this Division; and

(b)the Director does not, within 21 days after receiving that application, seek further information under section 18D(1) or refuse to register the person as a fundraiser.

(2)The Director is also deemed to register a person as a fundraiser if—

(a)the person applied to be registered as a fundraiser in accordance with this Division; and

(b)the Director seeks further information from the person under section 18D(1); and

(c)the person gives the Director the further information sought by the Director; and

(d)the Director does not, within 14 days after receiving that information, give the person notice of any action taken by the Director under section 18D(2) or 19.

22Renewal of registration

(1)A person may apply to the Director to renew the person's registration as a fundraiser.

(2)The application—

(a)must be submitted to the Director at least 28 days before the person's registration is due to expire; and

(b)must contain any information or consents required by the regulations.

(3)Sections 18D, 18E, 18F, 19, 19A, 19B, 19C, 20, 20AAA, 20AA, 20A and 21 apply—

(a)to an application for the renewal of registration as if it was an application for registration; and

(b)as if a reference to the date of registration was a reference to the date of renewal of registration; and

(c)as if a reference to registration was a reference to renewal of registration.

23Director may impose conditions at any time

(1)At any time after registering a person as a fundraiser, the Director may impose conditions on the person in relation to the conduct by the person—

(a)of fundraising appeals generally; or

(b)of any fundraising appeal being conducted, or to be conducted, by the person.

(2)The Director may impose a condition that has immediate effect if, in the opinion of the Director, there is a significant risk that an act or omission may occur that is significantly contrary to the public interest if the condition did not take effect immediately.

(3)To impose a condition under this section in any other circumstances, the Director—

(a)must give the registered fundraiser a written notice—

(i)setting out the conditions the Director wishes to impose and the reasons why the Director wishes to impose the conditions; and

(ii)inviting the registered fundraiser to comment on the proposed conditions within a time specified in the notice; and

(b)must consider any comments made by the registered fundraiser within the specified time; and

(c)if the Director decides to impose the conditions after considering the comments, must give the registered fundraiser a second written notice setting out the conditions and stating that the conditions apply from the date specified in the notice.

(4)The Director must not specify a period of less than 7 days for the purposes of subsection (3)(a)(ii).

(5)The Director must not, under subsection (3)(c), specify a date that is before the date the notice under that subsection is given to the registered fundraiser.

(6)The Director may specify conditions in the notice given under subsection (3)(c) that differ from the conditions set out in the notice given under subsection (3)(a) if the differences result from complying with any request made under subsection (3)(b) or if the differences are of a minor nature.

23ACondition concerning distribution of proceeds

Without limiting section 19C or 23, the Director may impose a condition requiring that a registered fundraiser must ensure that either in any specified period, or over the course of a fundraising appeal, a specified percentage of the proceeds of the appeal must be distributed to the beneficiaries of the appeal.

Division 2AA—Commonwealth registered entities

23ABEffect of Commonwealth registration

(1)If a Commonwealth registered entity gives a notice to the Director of its intention to conduct a fundraising appeal in Victoria, the Director is taken to have registered the entity as a fundraiser under section 19.

(2)A notice under subsection (1) must be in the form approved by the Director.

(3)A Commonwealth registered entity is taken to be registered as a fundraiser under this section on and from the date on which the Director receives a notice under subsection (1).

(4)Divisions 1, 2, 2A and 7 of this Part do not apply to a deemed registered fundraiser.

23AC   Duration of deemed registration

The registration of a deemed registered fundraiser remains in force until—

(a)the Director deregisters the deemed registered fundraiser under section 33N; or

(b)the deemed registered fundraiser's registration under Part 2-1 of the Commonwealth ACNC Act is revoked.

23AD   Notification of changes

(1)If a deemed registered fundraiser retains a commercial fundraiser to administer all or part of a fundraising appeal, the deemed registered fundraiser must notify the Director in writing within 28 days after entering into the retention agreement with the commercial fundraiser.

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)A deemed registered fundraiser must notify the Director in writing within 28 days after becoming aware of the occurrence of the following events—

(a)the deemed registered fundraiser becomes an insolvent under administration or an externally-administered body corporate; or

(b)the deemed registered fundraiser is found guilty of a disqualifying offence.

Penalty:in the case of a corporation, 240 penalty units;

in any other case, 120 penalty units or imprisonment for 12 months or both.

23AEConditions on deemed registration

(1)At any time after receiving a notice under section 23AB, the Director may impose or vary a condition on a deemed registered fundraiser in relation to the conduct by the deemed registered fundraiser—

(a)of fundraising appeals generally; or

(b)of any fundraising appeal being conducted, or to be conducted, by the deemed registered fundraiser.

(2)The Director may impose a condition that has immediate effect if, in the opinion of the Director, there is a significant risk that an act or omission may occur that is significantly contrary to the public interest if the condition did not take effect immediately.

(3)Unless subsection (2) applies, the Director—

(a)must give the deemed registered fundraiser a written notice—

(i)setting out the conditions the Director wishes to impose or vary and the reasons why the Director wishes to impose or vary the conditions; and

(ii)inviting the deemed registered fundraiser to comment on the proposed conditions within a time specified in the notice; and

(b)must consider any comments made by the deemed registered fundraiser within the specified time.

(4)The Director must not specify a period of less than 7 days in a notice given under subsection (3)(a).

(5)If the Director decides to impose or vary a condition after considering any comments, the Director must give the deemed registered fundraiser a second written notice setting out the conditions and stating that the conditions apply from the date specified in the notice.

(6)For the purposes of subsection (5), the Director must not specify a date before the date on which a notice under that subsection is given to the deemed registered fundraiser.

(7)The Director may impose or vary a condition in a notice given under subsection (5) that differs from the conditions set out in a notice given under subsection (3)(a) if—

(a)the differences result from complying with any comments made under subsection (3)(b); or

(b)the differences are of a minor nature.

(8)Any guidelines issued under section 19C apply to conditions imposed under this section on a deemed registered fundraiser.

(9)Section 23A applies to a deemed registered fundraiser as if—

(a)a reference to a registered fundraiser were a reference to a deemed registered fundraiser; and

(b)a reference to section 19C or 23 were a reference to this section.

(10)The Director, by written notice to the deemed registered fundraiser, may revoke any condition imposed under this section.

23AFApplication of this Act to deemed registered fundraisers

(1)Part 2 applies to a deemed registered fundraiser as if—

(a)a reference to a registered fundraiser were a reference to a deemed registered fundraiser; and

(b)a reference to conditions or obligations imposed under section 19C or 23 were a reference to a condition imposed under section 23AE; and

(c)a reference to the fundraiser's registration were a reference to the fundraiser's deemed registration under section 23AB.

(2)Division 3 of Part 3 applies to a deemed registered fundraiser as if—

(a)a reference to a registered fundraiser were a reference to a deemed registered fundraiser; and

(b)a reference to a condition or an obligation imposed under section 19C or 23 were a reference to a condition imposed under section 23AE; and

(c)a reference to details given under section 18 or 22 were a reference to information notified under section 23AB; and

(d)in section 26(3), in the definition of beneficiary, paragraph (a) reads—

"(a)any person, thing, cause or class of person for which the deemed registered fundraiser intends to conduct a fundraising appeal that is notified to the Director under section 23AB;".

(3)Division 4 of Part 3 applies to a deemed registered fundraiser as if—

(a)a reference to a person who is deregistered as a fundraiser under Division 7 were a reference to an entity that is deregistered as a deemed registered fundraiser under Division 7A; and

(b)a reference to an intended beneficiary were a reference to any person, thing, cause or class of person for which the deemed registered fundraiser intends to conduct a fundraising appeal that is notified to the Director under section 23AB.

(4)Section 34 applies to a deemed registered fundraiser as if—

(a)a reference to registration obtained under this Act were a reference to a deemed registration obtained under section 23AB; and

(b)a reference to a registered fundraiser were a reference to a deemed registered fundraiser.

(5)Section 61A applies to a deemed registered fundraiser as if a reference to deregistration as a fundraiser were a reference to deregistration as a deemed registered fundraiser.

(6)Section 70A applies to a deemed registered fundraiser as if a reference to registered fundraisers were a reference to deemed registered fundraisers.

(7)Section 74 applies to a deemed registered fundraiser as if a reference to registered fundraisers were a reference to deemed registered fundraisers.

23AG   Suspension of deemed registration

(1)The Director may suspend a deemed registration of a Commonwealth registered entity under section 23AB if the Director is satisfied that—

(a)the deemed registered fundraiser has contravened a provision of this Act; or

(b)the proceeds of an appeal conducted by the deemed registered fundraiser in Victoria have been mismanaged or misapplied; or

(c)the deemed registered fundraiser has paid an excessive commission or other remuneration to a collector or commercial fundraiser that administers part or all of an appeal in Victoria on behalf of the deemed registered fundraiser; or

(d)the deemed registered fundraiser has contravened a condition imposed on its deemed registration by the Director; or

(e)any other circumstances exist that justify the suspension.

(2)Before suspending a deemed registration under subsection (1), the Director—

(a)must give the deemed registered fundraiser a written notice—

(i)stating that the Director is considering whether to suspend the deemed registration and the reasons why the Director is considering doing so; and

(ii)inviting the deemed registered fundraiser to make a submission on the proposed suspension within a time specified in the notice; and

(b)must consider any submission made by the deemed registered fundraiser within the specified time.

(3)The Director must not specify a period of less than 7 days in a notice given under subsection (2)(a).

(4)If the Director decides to suspend a deemed registration of a Commonwealth registered entity after considering a submission under subsection (2)(a)(ii), the Director must give the deemed registered fundraiser a second written notice which states—

(a)that the registration of the deemed registered fundraiser is suspended and the reasons for the suspension; and

(b)when the suspension begins; and

(c)the period of the suspension; and

(d)any conditions to which the suspension is subject.

(5)A date specified under subsection (4)(b) must not be less than 28 days after the date on which the notice under subsection (4) is given to the deemed registered fundraiser.

(6)A suspension under this section remains in force until—

(a)the end of the period specified by the Director in subsection (4)(c); or

(b)the Director gives notice that the suspension has ended.

23AH   Action to be taken on suspension

(1)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must cease any fundraising activities that the entity was undertaking in Victoria immediately before the suspension took effect.

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)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must not undertake any new fundraising activities in Victoria.

Penalty:in the case of a corporation, 240 penalty units;

in any other case, 120 penalty units or imprisonment for 12 months or both.

(3)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must give the Director an inventory of the assets of any fundraising appeal being conducted in Victoria by the entity within 3 working days after the suspension takes effect.

Penalty:in the case of a corporation, 240 penalty units;

in any other case, 120 penalty units or imprisonment for 12 months or both.

(4)If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must not, without the Director's written consent, pay out or otherwise distribute or deal with any asset obtained as a result of any fundraising appeal conducted in Victoria during the period of its deemed registration.

Penalty:in the case of a corporation, 240 penalty units;

in any other case, 120 penalty units or imprisonment for 12 months or both.

23AIDisclosure of information relating to Commonwealth registered entities

The Director may enter into an agreement with the Commissioner of the ACNC in relation to—

(a)the manner in which a Commonwealth registered entity provides information for the purposes of this Act; and

(b)the provision of information obtained under the Commonwealth ACNC Act to the Director for the purposes of this Act.

Division 2A—Notification of changes

24Change of appeal manager to be notified

(1)In this section, a notifiable event occurs if—

(a)a person listed in an application under section 18 or 22 as being an appeal manager for a registered fundraiser ceases to be an appeal manager for any appeal being conducted by the registered fundraiser; or

(b)it becomes apparent that a person listed in an application under section 18 or 22 as being a person who it is intended will be an appeal manager for an appeal will not be an appeal manager for the appeal; or

(c)a person (other than a person listed under section 18 or 22 as a person who it is intended will be an appeal manager for an appeal) becomes an appeal manager for an appeal being conducted by a registered fundraiser; or

(d)an appeal manager for an appeal being conducted by a registered fundraiser ceases to be an appeal manager for any appeal being conducted by the registered fundraiser.

(2)The registered fundraiser must notify the Director in writing of the occurrence of a notifiable event within 28 days after the occurrence of the event.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

24ARetention of commercial fundraiser to be notified

(1)This section applies if a registered fundraiser retains a commercial fundraiser to administer all or part of a fundraising appeal and the retention of that commercial fundraiser has not been mentioned in any application submitted by the registered fundraiser under section 18 or 22.

(2)The registered fundraiser must notify the Director in writing of the retention of the commercial fundraiser within 28 days after entering into the retention agreement with the commercial fundraiser.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

24BBankruptcy, convictions etc. to be notified

(1)In this section, a notifiable event occurs if at any time after a registered fundraiser is registered, or has her or his registration renewed—

(a)she or he, or an appeal manager of the appeal—

(i)becomes an insolvent under administration or an externally-administered body corporate; or

(ii)is found guilty of a disqualifying offence; or

(iii)becomes a represented person within the meaning of the Guardianship and Administration Act 2019;

(b)one of her or his associates—

(i)becomes an insolvent under administration or an externally-administered body corporate; or

(ii)is found guilty of a disqualifying offence;

(c)she or he becomes associated with an associate who—

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

(ii)has been found guilty of a disqualifying offence.

(2)The registered fundraiser must notify the Director in writing of the occurrence of a notifiable event—

(a)within 28 days after the occurrence of the event; or

(b)if the registered fundraiser only becomes aware of the occurrence of a notifiable event described in subsection (1)(a) in relation to an appeal manager, or in subsection (1)(b), after it occurs, within 28 days after becoming aware that the event has occurred.

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

24CAddition of beneficiaries to be notified

(1)This section applies if a registered fundraiser decides to conduct a fundraising appeal for the benefit of any person, thing, cause or class of person not previously listed as a beneficiary by the registered fundraiser under section 18(2)(g) or 22 when applying for registration, or the renewal of registration, or under this section.

(2)At least 28 days before conducting any fundraising appeal on behalf of the person, thing, cause or class, the registered fundraiser—

(a)must notify the Director in a form and manner approved by the Director of the additional person, thing, cause or class; and

(b)must give the Director—

(i)the written consent of the additional beneficiary to becoming an intended beneficiary of the appeal; or

(ii)a written explanation of why it is not practicable to comply with subparagraph (i).

Penalty:In the case of a corporation, 240 penalty units.

In any other case, 120 penalty units or imprisonment for 12 months or both.

(3)If the intended beneficiaries of an appeal are the members of an organisation, the written consent of a duly authorised representative of the organisation is sufficient compliance with subsection (2)(b)(i) with respect to the members of the organisation.

(4)The Director may waive the 28 day requirement in subsection (2) in a particular case if the Director is satisfied that it is reasonable to do so.

24DChange of contact person to be notified

(1)In this section contact person means the natural person who is notified as the contact person for a fundraiser under section 18(2)(e) or under subsection (2)(b).

(2)If the person nominated as the contact person for a registered fundraiser ceases to act as the contact person, the registered fundraiser—

(a)must appoint another person to act as the contact person as soon as is practicable; and

(b)must notify the Director in writing within 7 days of the name and address of the person appointed.

Penalty:10 penalty units.

Division 3—Conduct of appeals

25Appeals must be conducted in accordance with conditions imposed and details given

(1)In conducting a fundraising appeal, a registered fundraiser must ensure that the appeal is conducted in accordance with—

(a)any conditions specified by the Director under section 19C or 23; and

(b)any details given to the Director under section 18 or 22 concerning the conduct of a fundraising appeal (unless a relevant detail no longer applies as a result of a condition specified by the Director or the Director has agreed in writing to the variation or omission of the relevant detail).

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)If the Director has sought further information under section 18D, a reference to any details given under section 18 or 22 is to be read as a reference to those details as varied by the further information.

26Proceeds may only be given to beneficiaries

(1)A person conducting a fundraising appeal must not give, and must not authorise or permit any other person to give, any of the net proceeds of the appeal to any person, cause or thing who is not a beneficiary of the appeal, unless otherwise permitted by the Director under subsection (2) or ordered by the Court under section 35A.

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)On the application of a person conducting a fundraising appeal, the Director may permit the person to give part of the net proceeds of the appeal to a person who is not a beneficiary if the Director is of the opinion that there are special circumstances.

(3)In this section—

beneficiary, in relation to a fundraising appeal, means—

(a)any person, thing, cause or class of person listed as a beneficiary under section 18(2)(g) or 22 by the person conducting the appeal when applying for registration, or the renewal of registration, as a fundraiser or under section 24C(2);

(b)any person who is acting on behalf of such a person, thing, cause or class of person;

net proceeds, in relation to a fundraising appeal, means the proceeds of the appeal other than those that have been used to pay any of the expenses of conducting the appeal.

27All appeal money must be banked

(1)This section applies if any money received in the course of a fundraising appeal is not deposited in an account held in the name of the sole intended beneficiary of the appeal.

(2)A person who is conducting a fundraising appeal must ensure that any money received in the course of the appeal is deposited in an account—

(a)that is used exclusively for money received in the course of fundraising appeals and that is held at—

(i)an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or

*                *                *                *                *

(iv)any institution that is in a class of institution that is authorised for the purposes of this section by the regulations; and

(b)that has a name that indicates that it contains fundraising appeal money; and

(c)from which it is only possible to withdraw money by a cheque signed by at least 2 persons.

64AAppointment and role of responsible person

(1)This section only applies to an incorporated association that was not incorporated in Victoria.

(2)A person may only be appointed as the responsible person of an incorporated association if she or he is a natural person and is a member of the governing body of the association.

(3)The appointment of a person as a responsible person only takes effect on the person signing a written consent to the appointment that also states the obligations imposed on a responsible person by this Act and the maximum penalty that applies if those obligations are not met.

(4)A person who is notified as the responsible person under section 18(2)(k) on behalf of an incorporated association must ensure that the association complies with all the obligations placed on the association by this Act.

Penalty:120 penalty units.

(5)It is a defence to a charge under subsection (4) if the person charged proves that she or he took all reasonable steps to ensure that the association complied with all the obligations placed on it by this Act.

64BChange of responsible person

(1)An incorporated association that has appointed a responsible person may replace that person with another person.

(2)The replacement of a responsible person takes effect when the Director receives—

(a)written notice of the name and address of the replacement; and

(b)the consent required by section 64A(3) signed by the replacement.

(3)A person remains the responsible person of an association until—

(a)the person is replaced in accordance with subsection (2); or

(b)the person gives the Director a written notice of resignation signed by the person.

(4)A person does not cease to be the responsible person of an association merely by ceasing to be a member of the governing body of the association.

(5)If a person appointed as the responsible person of an association resigns, the association must replace that person not more than 7 days after the resignation takes effect.

65Presumption concerning the service of documents by post

(1)If a document under this Act is sent by prepaid post to an address, the document is to be presumed for the purposes of this Act to have been received at that address at the time at which the document would have been delivered in the ordinary course of post.

(2)Subsection (1) does not apply if the relevant court or tribunal is satisfied that the document was not received at the address at that time on the basis of evidence presented by, or on behalf of, a person seeking to displace the presumption.

66Continuing offences

(1)The Minister or the Director or an inspector may give a person a notice—

(a)stating that in her or his opinion the person is engaging in conduct that constitutes an offence under this Act; and

(b)requesting the person to take specified action to stop the offence from continuing; and

(c)specifying a date by when the specified action must be taken.

(2)The notice must—

(a)specify the provisions in respect of which it is issued; and

(b)contain a brief description of the grounds on which it is based; and

(c)contain a copy of this section.

(3)If the person fails to comply with a notice given under this section, the person is guilty of an offence for each day the offence in respect of which the notice was given continues after the date specified under subsection (1)(c).

Penalty:One tenth of the penalty that applies in respect of the offence for each day the offence continues after the date specified under subsection (1)(c).

(4)Subsection (3) does not apply if the offence in respect of which the notice was given is not found proven.

67Extended time for prosecutions

Despite anything to the contrary in any Act, a proceeding for an offence against this Act may be commenced within 3 years after the date on which the offence is alleged to have been committed.

68Application of Australian Consumer Law and Fair Trading Act 2012

(1)Sections 125, 195 and 196 and Part 8.2 of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.

(2)For the purposes of subsection (1)—

(a)section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of that Act were a reference to section 125 of that Act (as applied by subsection (1));

(b)section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;

(c)section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—

(i)proceedings for an offence against a provision of this Act (except Part 5); or

(ii)proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Part 5); or

(iii)proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).

(3)In this section—

this Act includes the regulations.

69Delegation by Minister and Director

(1)The Minister may, in writing, delegate to any officer or employee of the public service any of the powers conferred on her or him by this Act, other than this power of delegation.

(2)The Director may, in writing, delegate to any officer or employee of the public service any of the powers conferred on her or him by this Act, other than this power of delegation.

70Judicial notice concerning authorisations

All courts and persons authorised by law or the consent of parties to receive evidence must take judicial notice of the signature of the Minister, the Director and any delegate of the Minister or the Director on any document.

70ARegister

(1)The Director must maintain a register for the purposes of this Act.

(2)The Director must ensure that the register contains any details concerning fundraising appeals required by this Act.

(3)The register may contain—

(a)the name and contact details of registered fundraisers, any person designated as a contact person by a fundraiser and any designated person; and

(b)details of fundraising appeals that are being, or that are intended to be conducted, by registered fundraisers;

(c)details of the beneficiaries on whose behalf fundraising appeals are being, or are intended to be, conducted;

(ca)details of the total amount of proceeds raised in fundraising appeals conducted by registered fundraisers that has been or is estimated will be distributed to the beneficiaries of the appeals;

(d)in relation to a particular person or organisation, details of the percentage of the proceeds raised in fundraising appeals by the person or organisation that have been or will be passed on to the beneficiaries of the appeals (regardless of whether this information relates to current appeals or not); and

(e)any other information permitted by the regulations.

(4)A person may inspect the register at any time that the office in which the register is kept is open for business.

(5)The Director may publish the register, or any details in the register, in any manner or form that the Director considers to be appropriate.

(6)The Director may amend the register at any time to correct any mistakes in the register.

70BPublic information statements

(1)If satisfied that it is in the public interest to do so, the Minister or the Director may make a public statement or issue a public warning about any of the following—

(a)fundraising practices or activities, or any person or class of person engaging in those practices or activities;

(b)income and expenditure details relating to a particular fundraising appeal;

(c)the percentage of the proceeds raised in a particular fundraising appeal that have been distributed to the intended beneficiaries of the appeal;

(d)any other matter that adversely affects, or that may adversely affect, the interests of the public concerning the collection or distribution of fundraising proceeds.

(2)The statement or warning may identify a particular person.

71Regulations

(1)The Governor in Council may make regulations—

(a)prescribing the form of any notice, application, permit, request, order, direction or other form or instrument to be made or given under this Act;

(b)exempting a person or a class of person from having to comply with any or all of the requirements of this Act and imposing conditions in relation to such exemptions;

(c)prescribing infringement offences against a provision of this Act or the regulations for the purposes of section 61D;

(d)requiring a person conducting a fundraising appeal to which Part 3 applies to ensure that any record or account required by Part 3 complies with specified requirements or standards;

(da)prescribing matters that must, or that may, be included in the register;

(db)prescribing matters in relation to the registration of Commonwealth registered entities under this Act;

(e)prescribing all matters that by this Act are required or permitted to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)The regulations—

(a)may be of general or limited application; and

(b)may differ according to differences in time, place or circumstance; and

(c)may prescribe infringement penalties, including different penalties for different classes of persons; and

(d)may confer a discretionary authority or impose a duty on a person or a class of person;

(e)may apply, adopt or incorporate any matter contained in any document whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as in force at a particular time or as in force from time to time.

*                *                *                *                *

Part 7—Transitional provisions

72Transitional provision

(1)Any consent, direction, permit, notice, request, requirement or document given under the Fundraising Appeals Act 1984 that—

(a)was in force immediately before this section came into operation; and

(b)that has an equivalent under this Act—

is deemed to have been given under this Act.

(2)Any fundraising appeal that was being conducted in accordance with all applicable laws immediately before the date this section came into operation may continue to be conducted for 12 months after that date as if the Fundraising Appeals Act 1984 had not been repealed and as if this Act was not in force.

*                *                *                *                *

*                *                *                *                *

74Registration as fundraiser not required in certain cases

(1)This section applies to a person who was conducting a fundraising appeal with the consent or deemed consent of the Minister, or under a permit issued by the Minister, immediately before section 23 of the Fundraising Appeals (Amendment) Act 2001 came into operation.

(2)Despite anything to the contrary in Part 3, the person may continue to conduct the appeal until the expiry of the consent or permit even though the person is not registered as a fundraiser.

(3)The register may contain—

(a)the name and contact details of any person to whom this section applies; and

(b)details of the appeal that the person is conducting that are equivalent to the details that the register may contain in relation to appeals conducted by registered fundraisers.

75Temporary continuation of exemptions

A person or organisation that was exempted from all or any of Part 3 by regulations in force under section 16(2) immediately before the date section 23 of the Fundraising Appeals (Amendment) Act 2001 came into operation continues to be exempted from all or any of that Part (as the case may be) for 12 months after that date, unless an Order made under section 16A otherwise provides.

76Change of title provision

On the commencement of section 4 of the Fundraising Appeals and Consumer Acts Amendment Act 2009, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, any reference to the Fundraising Appeals Act 1998 is deemed to be a reference to the Fundraising Act 1998 so far as it applies to any period on or after that commencement, unless the contrary intention appears.

77Transitional provision relating to duration of registration

Despite section 13(1) of the Fundraising Appeals and Consumer Acts Amendment Act 2009, the registration, or renewal of registration, of a person as a fundraiser remains current for 12 months or for any longer period specified by the Director in a written notice given to the person on registration if—

(a)before the commencement of that section, the person applied to register as a fundraiser or for renewal of registration; and

(b)the Director subsequently registered, or is deemed to have registered, the person as a fundraiser.

Schedule

INFRINGEMENT OFFENCES

Section 9(1)	Section 29(5)
Section 9(2)	Section 29(8)
Section 14(2)	Section 29(9)
Section 14(3)	Section 31(1)
Section 24D(2)	Section 31(2)
Section 29(3)	Section 32(2)
Section 29(4)	Section 33(4)

═══════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 30 April 1998

Legislative Council: 6 October 1998

The long title for the Bill for this Act was "to regulate fundraising appeals, to repeal the Fundraising Appeals Act 1984 and for other purposes."

The Fundraising Appeals Act 1998 was assented to on 10 November 1998 and came into operation as follows:

Sections 1 and 2 on 10 November 1998: section 2(1); rest of Act on 1 July 1999: section 2(3).

The title of this Act was changed from the Fundraising Appeals Act 1998 to the Fundraising Act 1998 by section 4 of the Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Fundraising Act 1998 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 109) on 31.12.99 s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999

Assent Date:	18.5.99
Commencement Date:	Ss 33, 34 on 1.9.99: Government Gazette 19.8.99 p. 1901
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 28) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 51) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fundraising Appeals (Amendment) Act 2001, No. 70/2001

Assent Date:	7.11.01
Commencement Date:	1.1.02: Government Gazette 13.12.01 p. 3061
CurrentState:	All of Act in operation

Electoral Act 2002, No. 23/2002

Assent Date:	12.6.02
Commencement Date:	S. 192 on 1.9.02: Government Gazette 29.8.02 p. 2333
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fair Trading (Amendment) Act 2003, No. 30/2003

Assent Date:	27.5.03
Commencement Date:	S. 86 on 28.5.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Gambling Regulation Act 2003, No. 114/2003

Assent Date:	16.12.03
Commencement Date:	S. 12.1.3(Sch. 6 item 5) on 1.7.04: Government Gazette 1.7.04 p. 1843
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004

Assent Date:	21.12.04
Commencement Date:	Ss 45–48 on 22.12.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Veterans Act 2005, No. 98/2005

Assent Date:	7.12.05
Commencement Date:	S. 90 on 21.8.06: Government Gazette 17.8.06 p. 1716
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 20) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 21) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007

Assent Date:	29.5.07
Commencement Date:	S. 36(Sch. item 5) on 30.5.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008

Assent Date:	11.2.08
Commencement Date:	S. 60(Sch. item 5) on 12.2.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 11) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009

Assent Date:	10.2.09
Commencement Date:	Ss 4, 5, 6(1), 9, 12–21 on 11.2.09: s. 2(1); ss 6(2), 7, 8, 10, 11 on 4.5.09: Government Gazette 23.4.09 p. 953
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009

Assent Date:	1.12.09
Commencement Date:	S. 13 on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:	9.2.10
Commencement Date:	S. 96 on 1.8.10: Government Gazette 22.7.10 p. 1628
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 10) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 17) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 21) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Education and Training Reform Amendment (Registration of Early Childhood Teachers and Victorian Institute of Teaching) Act 2014, No. 19/2014

Assent Date:	1.4.14
Commencement Date:	S. 91 on 30.9.15: Special Gazette (No. 278) 22.9.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 70) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Consumer Affairs Legislation Amendment Act 2014, No. 50/2014

Assent Date:	12.8.14
Commencement Date:	S. 27 on 13.8.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Veterans and Other Acts Amendment Act 2015, No. 12/2015

Assent Date:	21.4.15
Commencement Date:	S. 21(Sch. 1 item 5) on 22.4.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Fundraising Act 1998

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 17) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Fundraising Act 1998

Consumer Legislation Amendment Act 2019, No. 47/2019

Assent Date:	3.12.19
Commencement Date:	Ss 32–45 on 31.8.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Fundraising Act 1998

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

No entries at date of publication.