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…