Fundraising Appeals (Amendment) Act 2001 (Vic)
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Changes to definitions 2 4. Additional reference provisions 4 5. Modification of exemption 5 6. Meaning of "conduct" a fundraising appeal 5 7. Insertion of sections 6A and 6B 6
6A. Meaning of "associate" 6 6B. Interpretation of "public interest" 6
8. Exemptions from registration 7 9. Insertion of sections 16A and 16B 7
16A. Other exemptions from this Part 7 16B. Exemption does not cover commercial fundraisers 9
10. Substitution of Division 2 of Part 3 9 Division 2—Registration of Fundraisers 9
17. Meaning of "intended appeal" 9 17A. Fundraisers must be registered 9 18. Application for registration as a fundraiser 10 18A. Consent of intended beneficiaries also needed 13 18B. Urgent applications 14 18C. Application if exemption ceases to apply 14 18D. Information concerning applications 15 18E. Director may obtain information from Chief Commissioner of Police 16 18F. Consent to disclosure of information may be required 16 19. Registration as a fundraiser 17 19A. Registration to be refused in certain cases 17 19B. Director may refuse registration in certain cases 19 19C. Conditions on registration 20 20. Duration of registration 21 20A. Details of registration to be given in the register 21 21. Deemed registration if no response within 21 days 22 22. Renewal of registration 23 23. Director may impose conditions at any time 23 23A. Condition concerning distribution of proceeds 25
i
Section Page
Division 2A—Notification of Changes 25
24. Change of appeal manager to be notified 25 24A. Retention of commercial fundraiser to be notified 26 24B. Bankruptcy, convictions etc. to be notified 27 24C. Addition of beneficiaries to be notified 28 24D. Change of contact person to be notified 29
11. Substitution of sections 25 and 26 30 25. Appeals must be conducted in accordance with
conditions imposed and details given 30 26.
Proceeds may only be given to beneficiaries 31
12. Minor consequential amendments 32 13. Operative date for preparation of final accounts 32 14. Insertion of Division 7 into Part 3 33 Division 7—Deregistration of Fundraisers 33
33A. Director may deregister fundraiser 33 33B. Process for expedited deregistration 35 33C. Process for other deregistration 35 33D. Action to be taken on deregistration 36 33E. Additional obligations of deregistered commercial fundraisers 37 33F. Additional obligation on person using commercial fundraiser 38 33G. Restriction on fundraisers if notice of deregistration given 38 33H. Action to be taken if registration expires 39 33I. Change of circumstance affects power to deregister 39 33J. Person may apply for review of Director's decision 40 33K. Certain actions not subject to review 41 33L. Automatic extension of notice of deregistration 41 33M. Automatic reversal if Court order quashed etc. 42
15. Power of Court to stop appeals 43 16. Insertion of section 35A 45
35A. Court may make orders concerning distribution of
appeal assets 45
17. Power to require information 46 18. Insertion of sections 61A and 61B 46
61A. Director may order distribution of assets 46 61B. Director may appoint an administrator 47
19. Insertion of sections 64A and 64B 48
64A. Appointment and role of responsible person 48 64B. Change of responsible person 49
20. Insertion of sections 70A and 70B 50
ii
Section Page
70A. Register 50 70B. Public information statements 51
21. Additional regulation-making power 52 22. Creation of new Part 52 23. Insertion of sections 74 and 75 52
74. Registration as fundraiser not required in certain cases 52 75. Temporary continuation of exemptions 53
24. Changes to references to the Minister 53
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ENDNOTES 55
iii
Victoria
No. 70 of 2001
Fundraising Appeals (Amendment) Act
2001†
[Assented to 7 November 2001]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Fundraising Appeals Act 1998—
(a)
to establish a registration system for certain fundraisers; and
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| s. 2 | Act No. 70/2001 |
(b)
to impose restrictions in relation to who may have managerial or financial responsibility for a fundraising appeal; and
(c)
to enable the issue of public statements and warnings in relation to fundraising appeals; and
(d)
to generally improve the operation of that Act.
2. Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2002, it
comes into operation on that day.
3. Changes to definitions
In section 3 of the Fundraising Appeals Act
1998, insert the following definitions—' "appeal manager", in relation to a fundraising
appeal, means a person who has any
managerial or financial responsibility for theappeal;
"associate" has the meaning set out in
section 6A;
"Director" means the Director of Consumer and Business Affairs;
"disqualifying offence" means—
(a) an offence involving fraud, dishonesty, punishable by imprisonment for
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 3 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;
"insolvent under administration" means—
(a) a person who is an undischarged bankrupt; or (b) a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated; or (c) a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or (d) a composition under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the correspondinga person whose creditors have accepted jurisdiction) if a final payment has not been made under that composition;
"register" means the register required by
section 70A;
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"registered fundraiser" means a person who is
registered as a fundraiser by the Director
under Division 2 of Part 3;
"responsible person" means the responsible person named for the purposes of section 64A by an incorporated person under section
18(2)(k) or 64B;'.
4. Additional reference provisions
After section 4(6) of the Fundraising Appeals
Act 1998 insert—"(7) A reference in this Act to being found guilty
of an offence includes a reference to having
a charge of committing that offence found
proven.(8) A reference in this Act to an offence under
this Act, in relation to a finding of guilt,
includes a reference to an offence under the
Fundraising Appeals Act 1984.
(9) A reference in this Act to the registration of a person as a fundraiser includes a reference to the deemed registration of the person as a fundraiser.
(10) A reference to assets obtained as a result of a
fundraising appeal includes, in so far as the
reference relates to a particular point of time,
a reference to any assets that are received in
relation to the appeal after that time.
(11) The provisions of this section are subject to
any contrary intention in any other section of
this Act.".
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 5
5. Modification of exemption
For section 5(3)(c) of the Fundraising Appeals
Act 1998 substitute—"(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 sub-paragraph (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;".
6. Meaning of "conduct" a fundraising appeal
For sections 6(3) and 6(4) of the Fundraising
Appeals Act 1998 substitute—"(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 personconducting 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
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(b) to the commercial fundraiser in respect of any aspect of the appeal that is being administered by the commercial fundraiser; and
(c)
to the person in respect of any other aspect of the appeal.".
7. Insertion of sections 6A and 6B
After section 6 of the Fundraising Appeals Act
1998 insert—
'6A. Meaning 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.
6B. Interpretation 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.'.
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 8
8. Exemptions from registration
In section 16 of the Fundraising Appeals Act
1998—
(a)
in sub-section (1), for "(1) This" substitute "Subject to section 16B, this";
(b)
after sub-section (1)(b) insert— "(ba) a kindergarten that employs a
pre-school teacher (as defined in the
Pre-school Teachers and Assistants(Leave) Act 1984);"
(c) sub-sections (2), (3) and (4) are repealed.
9. Insertion of sections 16A and 16B
After section 16 of the Fundraising Appeals Act
1998 insert—
'16A. Other 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 (a).
(2) The Minister may declare, by Order
published in the Government Gazette—
(a) or a specified sub-class of person or
organisation, falls within a class createdthat a specified person or organisation, section (1);
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(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 sub-section (1). (3) A declaration under sub-section (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 sub-section (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
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10
(b)
a reference in section 23(1)(c) of that Part to "section 15(1)" was a reference to sub-section (5).
16B. Exemption 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 ofthe appeal.'.
10. Substitution of Division 2 of Part 3
For Division 2 of Part 3 of the Fundraising
Appeals Act 1998 substitute—
'Division 2—Registration of Fundraisers
17. Meaning of "intended appeal" 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.
17A. Fundraisers 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.
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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.
18. Application 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 startconducting 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 sub-section.
(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;
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10
(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 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 people, 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;
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| s. 10 | Act No. 70/2001 |
(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 people who are not an
unincorporated organisation may combine to
be registered as a fundraiser.
(4) If a number of people combine to be
registered as a fundraiser—
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001
(a) the application must also contain the name and address of each of them; and (b) they are deemed to be an unincorporated organisation. (5) The Director may modify the requirements of sub-section (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 sub-
section 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.
18A. Consent 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 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 sub-section (1)(a)
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s. 10
| s. 10 | Act No. 70/2001 |
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).
18B. Urgent 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.
18C. Application 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) apply if the cessation is the result of the
28 days after the exemption ceases to 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).
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10 (3) Section 17A does not apply to the person
until the expiry of the relevant period in sub-
section (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.
18D. Information 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 sub-section (1), the Director may, within 14 days of receiving
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| s. 10 | Act No. 70/2001 |
the information, seek further information in relation to the application from the person.
18E. Director may obtain information from Chief Commissioner of Police
(1) On receiving an application for registration,
the Director may ask the Chief 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 sub-section (1)(a)(ii) if the Director states that she or he believes
that she or he has reasonable grounds for
making the request.
18F. Consent 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
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10 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 sub-
section (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: Sub-section (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.
19. Registration as a fundraiser 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.
19A. Registration 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 corporate; or
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| s. 10 | Act No. 70/2001 |
(b) offence within the 10 years
has been found guilty of a disqualifying registration was lodged; or
(c) is a represented person within the Administration Act 1986; or
(d) fundraising appeal within the 10 years
immediately before the application forwas an appeal manager for a 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 sub-section (1), the Director may
register a person as a fundraiser even though the person or an appeal manager falls within
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10 a category described in sub-section (1)(b) or
(1)(d) if the Director is satisfied that
circumstances exist that make it appropriate
to register the person.(4) Despite sub-section (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 applicationfor registration was lodged.
19B. Director 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) application for registration or the
there are significant omissions in the 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.
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| s. 10 | Act No. 70/2001 |
(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 corporate; or
(b) offence within the 10 years
has been found guilty of a disqualifying 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) fundraising appeal within the 10 years
immediately before the application forwas an appeal manager for a 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.
19C. Conditions on registration
In registering a person as a fundraiser, the
Director may impose conditions on the
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10 person in relation to the conduct by the
person—
(a) of fundraising appeals generally; or
(b) of any intended appeal.
20. Duration of registration
(1) The registration of a person as a fundraiser
remains current—
(a)
for 12 months from the date of 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
sub-section (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 12 months
from the date the registration is deemed to
occur, unless the person is deregistered in
accordance with this Act before that period
expires.
20A. Details 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
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001
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.
21. Deemed 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
Fundraising Appeals (Amendment) Act 2001
s. 10
s. 10Act No. 70/2001
the Director under section 18D(2) or
19.
22. Renewal of registration
(1) A person may apply to the Director to renewthe 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, 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.
23. Director 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 theconduct 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
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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) Director wishes to impose and the
setting out the conditions the 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 specified time; and
(c) conditions after considering the
comments, must give the registeredif the Director decides to impose the 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 sub-
section (3)(a)(ii).
(5) The Director must not, under sub-section
(3)(c), specify a date that is before the date the notice under that sub-section is given to the registered fundraiser.
(6) The Director may specify conditions in the notice given under sub-section (3)(c) that
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10 differ from the conditions set out in the
notice given under sub-section (3)(a) if the
differences result from complying with any
request made under sub-section (3)(b) or ifthe differences are of a minor nature.
23A. Condition 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 2A—Notification of Changes
24. Change 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
Fundraising Appeals (Amendment) Act 2001
| s. 10 | Act No. 70/2001 |
| 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.24A. Retention 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.
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10 In any other case, 120 penalty
units or imprisonment for12 months or both.
24B. Bankruptcy, 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 1986;
(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.
Fundraising Appeals (Amendment) Act 2001
| s. 10 | Act No. 70/2001 |
(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 notifiable event described in sub- section (1)(a) in relation to an appeal manager, or in sub-section (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.24C. Addition 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
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 10 (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 sub-paragraph (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 sub-section (2)(b)(i) with respect to the
members of the organisation.
(4) The Director may waive the 28 day
requirement in sub-section (2) in a particular
case if the Director is satisfied that it isreasonable to do so.
24D. Change 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 sub-section (2)(b).
Fundraising Appeals (Amendment) Act 2001
| s. 11 | Act No. 70/2001 |
(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.'.
11. Substitution of sections 25 and 26
For sections 25 and 26 of the Fundraising
Appeals Act 1998 substitute—'25. Appeals 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.
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 11 (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.
26. Proceeds may only be given to beneficiaries
(1) A person conducting a fundraising appeal
must not give, and must not authorise or the Court under section 35A.
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
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
Fundraising Appeals (Amendment) Act 2001
| s. 12 | Act No. 70/2001 |
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.'.
12. Minor consequential amendments
In the Fundraising Appeals Act 1998—
(a)
in sections 12(1) and 27(4), for "Minister under section 20 or 23" substitute "Director under section 19C or 23";
(b)
in section 30(1)(e), for "19(1)(a)" substitute "18A(1)(a)".
13. Operative date for preparation of final accounts
For section 29(6) of the Fundraising Appeals
Act 1998 substitute—"(6) For the purposes of this section, an appeal
ends on the occurrence of the first of these
events—
(a)
if the appeal is being conducted by a person who is deregistered as a fundraiser under Division 7, on the day the deregistration takes effect;
(b)
if the appeal is stopped by an order made by the Court under section 34, on the day the order takes effect;
(c)
in any other case, one month after the last significant solicitation for money or
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 14 a benefit is made in relation to the
appeal.".
14. Insertion of Division 7 into Part 3
After Division 6 of Part 3 of the Fundraising
Appeals Act 1998 insert—"Division 7—Deregistration of Fundraisers 33A. Director may deregister fundraiser
The Director may deregister a person as a fundraiser if—
(a)
the Court orders that any fundraising appeal being conducted, or proposed to be conducted, by the person be stopped; or
(b)
the Director is satisfied that the registration was obtained by fraud or on the basis of the supply of false, misleading or incomplete information; or
(c)
the Director is satisfied, in relation to a fundraising appeal being conducted by the person—
(i) assisting the person to conduct or
administer the appeal) has failed,that the person (or any person comply with any provision of this Act; or
(ii) that the appeal is not being, or will not be, conducted or administered in good faith for the purposes
stated to those from whom money
was, is being, or will be, sought;
or
Fundraising Appeals (Amendment) Act 2001
| s. 14 | Act No. 70/2001 | |
|
the categories listed in
section 19A(1); or
(B) an appeal manager for the
appeal falls within one of the
categories listed in section19A(1) or 19B(2); or
(C) an associate of the person
falls within one of the
categories listed in section19B(3)—
(unless the Director knew that the
person, appeal manager or
associate fell within that category
at the time the person conducting
the appeal gave the Director
details of the person, appeal
manager or associate); or(iv) that the conduct of the appeal should be stopped in the public interest; or
(d)
the Director is satisfied, in relation to a fundraising appeal that the person is conducting, or intends to conduct, on behalf of a class of beneficiary, that the description of the class is too vague, or that the class is insufficiently identified; or
(e)
the Director is satisfied that it is not in the public interest for the person to conduct a fundraising appeal; or
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 14
(f)
in the case of an incorporated association that was not incorporated in Victoria, that the association has not complied with section 64B(5).
33B. Process for expedited deregistration
(1) If the Director deregisters a person as a
fundraiser under section 33A(a) or 33A(f),
she or he must give the person a written
notice—
(a) stating that the Director has decided to deregister the person as a fundraiser; and (b) stating when the deregistration takes effect. (2) If the Director deregisters a person as a
fundraiser under section 33A(a), she or he
must also include details of the Court order
in the notice.
(3) The Director must not, under sub-section (1)(b), specify that the deregistration is to take effect before the notice is given to the person.
33C. Process for other deregistration
(1) Before deregistering a person as a fundraiser
under section 33A(b), 33A(c), 33A(d) or
33A(e), the Director—
(a) must give the person a written notice—
(i) considering whether to deregister
the person and the reasons whystating that the Director is deregistering the person; and
(ii) inviting the person to make, within the time specified in the
Fundraising Appeals (Amendment) Act 2001
| s. 14 | Act No. 70/2001 |
notice, a submission in relation to whether or not the Director should deregister the person; and
(b) must consider any submission made by the person within the specified time; and (c) if the Director decides to deregister the person after considering the comments, must give the person a second written notice stating that the person is
deregistered from the date specified in
the notice.(2) The Director must not specify a period of
less than 7 days for the purposes of sub-
section (1)(a)(ii).
(3) The Director must not, under sub-section
(1)(c), specify a date that is less than 28 days
after the date the notice under that sub-
section is given to the person.
(4) If the Director deregisters a person, she or he
must ensure that the details of the
deregistration required by the regulations are
noted in the register.
33D. Action to be taken on deregistration
If the Director deregisters a person as a fundraiser, on the deregistration taking effect the person—
(a) the person was undertaking
immediately before the deregistrationmust stop any fundraising activities that new fundraising activities; and
(b)
must not, without the Director's written consent, pay out, or otherwise distribute or deal with, any asset obtained as a
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 14 result of any fundraising appeal that the person conducted while registered as a fundraiser; and
(c)
must give the Director an inventory of the assets of any fundraising appeal being conducted by the person within 3 working days after the withdrawal takes effect; and
(d)
subject to paragraph (b), must ensure that any assets obtained as a result of the appeal are distributed as soon as is
practicable to the intended beneficiaries
of the appeal.Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty
units or imprisonment for
12 months or both.
33E. Additional obligations of deregistered commercial fundraisers
(1) This section applies if the person who is deregistered as a fundraiser—
(a) is a commercial fundraiser; and
(b)
was administering all or part of a fundraising appeal at the time the person was deregistered.
(2) On the deregistration taking effect, in
addition to complying with section 33D the
person must—
(a) immediately advise the person
conducting the appeal of the
deregistration; and(b)
subject to section 33D(b), as soon as is practicable transfer to that person all
Fundraising Appeals (Amendment) Act 2001
| s. 14 | Act No. 70/2001 |
| the assets of the appeal that are to be transferred on the ending of the appeal to that person under the agreement governing their relationship in respect of the appeal. |
33F. Additional obligation on person using commercial fundraiser
(1) This section applies if, immediately before a
person was deregistered as a fundraiser, a
commercial fundraiser retained by that
person was administering all or part of a
fundraising appeal on behalf of that person.
(2) On the deregistration taking effect the person who was deregistered must also—
(a) advise the commercial fundraiser of the deregistration; and (b) require the commercial fundraiser to transfer to the person all the assets of the appeal that are to be transferred on the ending of the appeal to the person
under the agreement governing their
relationship in respect of the appeal.33G. Restriction on fundraisers if notice of deregistration given
(1) This section applies if a person is given a
notice under section 33C(1)(c), but the
notice is not yet in effect.
(2) Despite anything to the contrary in section 33J(4) or 33L, the person 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
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 14 that the person conducted while registered 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.(3) Sub-section (2) ceases to apply if—
(a)
the notice under section 33C(1)(c) takes effect; or
(b) the notice is withdrawn; or
(c) the Victorian Civil and Administrative Tribunal cancels or otherwise revokes the notice. Note: Once the notice under section 33(1)(c) takes effect, section 33D governs what the person must do.
(4) Nothing in this section affects section 33D.
33H. Action to be taken if registration expires
If a person's registration as a fundraiser expires and is not renewed, sections 33D, 33E and 33F apply as if a reference in those sections to the deregistration of a person as a fundraiser was a reference to the expiry of the registration.
33I. Change of circumstance affects power to
deregister
(1) This section applies if—
(a)
the Director is entitled to deregister a person as a fundraiser on the basis of the status of, or any action taken by, a relevant associate, appeal manager, or assistant; and
Fundraising Appeals (Amendment) Act 2001
| s. 14 | Act No. 70/2001 |
(b)
before a notice is issued under section 33C(1)(c)—
(i) the associate ceases to be an fundraiser; or
(ii) the appeal manager ceases to be an appeal manager for the appeal; or
(iii) in the appeal, or in appeals
the assistant ceases to be involved fundraiser.
(2) The Director may not deregister the person,
solely on the ground that the former
associate, appeal manager or assistant was
involved in the appeal or appeals.
33J. Person may apply for review of Director's
decision
(1) A person may apply to the Victorian Civil
and Administrative Tribunal for a review of
a decision of the Director—
(a) to refuse to register the person as a fundraiser; (b) to impose conditions, or any particular condition, on the conduct of an appeal under section 19C or 23; (c) to seek further information from the person; (d) to refuse to renew a person's registration as a fundraiser; (e) to deregister a person as a fundraiser. (2) An application for review must be made
within 28 days after the later of—
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 14
(a) the day the person is given written notice of the decision that the person wishes to have reviewed; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. (3) Any written notice that the Director gives a
person of any decision referred to in sub-
section (1) must contain a copy of this
section.
(4) If a person applies for the review of any
decision of the Director listed in sub-section
(1)(d) or (1)(e) within the time specified in
sub-section (2), the decision of the Director
is stayed until the application for review is
affirmed, abandoned or dismissed.
33K. Certain actions not subject to review
Despite anything to the contrary in section 33J, a decision by the Director to deregister a person as a fundraiser under section 33A(a) or 33A(f) is not subject to review by the Victorian Civil and Administrative Tribunal.
33L. Automatic extension of notice of
deregistration
(1) This section applies if—
(a)
a person is given a notice under section 33C(1)(c); and
(b)
the person, under the Victorian Civil and Administrative Tribunal Act
Fundraising Appeals (Amendment) Act 2001
| s. 14 | Act No. 70/2001 |
| 1998, requests a statement of reasons for the decision to issue the notice within 28 days after notice of the decision is given to her or him. |
(2) The date specified in the notice as the date
the notice is to take effect is extended by
virtue of this sub-section until 28 days after
the day on which—
(a)
the statement of reasons is given to the person; or
(b)
the person is informed under section 46(5) of that Act that a statement of reasons will not be given—
whichever occurs first.
33M. Automatic reversal if Court order quashed
etc.
(1) This section applies if—
(a) the Director deregisters a person as a fundraiser under section 33A(a); and (b) the Court order on which the Director's action was based is quashed, lapses or is withdrawn. (2) On the quashing, lapsing or withdrawal of
the order, by virtue of this section, the person
who was the subject of the deregistration is
deemed to be registered as a fundraiser for
the remainder of the current registration
period.
(3) A reference in this section to a current period
is a reference to the period in which the
deregistration took effect.
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 15 (4) If this section applies, the Director must
ensure that the register is amended
accordingly.".
15. Power of Court to stop appeals
(1) In section 34(1)(c) of the Fundraising Appeals Act 1998, for "interest." substitute "interest; or".
(2) After section 34(1)(c) of the Fundraising
Appeals Act 1998 insert—
"(d) that the person (or any person assisting in
conducting or administering the appeal or
proposed appeal) uses fundraising practices
or activities that may bring publicfundraising into disrepute; or
(e)
that any registration obtained under this Act in relation to the appeal was obtained by fraud or on the basis of the supply of false, misleading or incomplete information; or
(f)
in respect of an appeal conducted by a registered fundraiser—
(i) that the registered fundraiser—
(A) is an insolvent underadministration or is an externally-
administered body corporate; or
(B) has been found guilty of a
disqualifying offence since
becoming registered as a
fundraiser; or
(C) is a represented person within the
meaning of the Guardianship
and Administration Act 1986; or
(ii) that an appeal manager of the appeal—
Fundraising Appeals (Amendment) Act 2001
| s. 15 | Act No. 70/2001 |
| (A) falls within one of the categories listed in paragraph (f)(i); or | |
| (B) is not a fit and proper person to be associated with the appeal; or | |
| (C) was an appeal manager for a fundraising appeal within the 10 years immediately before the |
application for the order was filed
that was conducted by a person
who was found guilty of a
disqualifying offence within that
period; or(iii) that an associate of the registered fundraiser falls within one of the categories listed in section 19B(3)—
unless the Director knew that the registered fundraiser, appeal manager or associate fell within that category at the time the registered
fundraiser gave the Director details of the
registered fundraiser, appeal manager orassociate.".
(3) In section 34(2) of the Fundraising Appeals Act
1998—
(a)
in paragraph (a), after "Minister" insert "or the Director";
(b)
after paragraph (a) insert— "(aa) that the activity may bring public
fundraising into disrepute; or".
(4) In section 34(3) of the Fundraising Appeals Act
1998, after "Minister" insert "or the Director".(5) For section 34(4) of the Fundraising Appeals
Act 1998 substitute—
"(4) In making an order, the Court—
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 16
(a)
may specify that the order is to take effect immediately;
(b)
must, in any other case, specify the date on which the order is to take effect;
(c)
may provide that the order is to lapse before it takes effect if certain conditions set out in it are met;
(d)
may impose restrictions on how the assets of the appeal are to be distributed or dealt with;
(e) may stay all or part of the order;
(f)
may make any consequential order it thinks is necessary to give effect to the order.".
16. Insertion of section 35A
After section 35 of the Fundraising Appeals Act
1998 insert—
"35A. Court may make orders concerning
distribution of appeal assets
(1) This section applies if—
(a)
all the intended beneficiaries of a fundraising appeal refuse to accept the assets offered to them as a result of the appeal; or
(b)
all the intended beneficiaries of a fundraising appeal no longer exist or cannot be found after all reasonable enquiries have been made; or
(c)
a question or dispute arises as to how any or all of the assets received as a result of a fundraising appeal are to be distributed.
Fundraising Appeals (Amendment) Act 2001
| s. 17 | Act No. 70/2001 |
(2) The Director may apply to the Court for an
order directing how the assets are to be
distributed.
(3) The Court may make any order concerning the distribution of the assets that it thinks is appropriate having regard to the stated
purpose of the appeal.
(4) The Court may make any consequential
order it thinks is necessary to give effect to
any order that it makes under sub-section
(3).".
17. Power to require information
In section 44 of the Fundraising Appeals Act
1998—
(a)
in sub-sections (1) and (2), after "The Minister" insert "or the Director";
(b)
after "the Minister" (wherever occurring) insert "or the Director";
(c)
in sub-section (3), for "section 59" substitute "section 60".
18. Insertion of sections 61A and 61B
After section 61 of the Fundraising Appeals Act
1998 insert—
"61A. Director may order distribution of assets
(1) This section applies if—
(a)
the Court orders a person to stop conducting a fundraising appeal under section 34; or
(b)
the Director deregisters as a fundraiser a person who is conducting a fundraising appeal; or
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 18
(c)
the registration of a person as a fundraiser expires while the person is conducting a fundraising appeal.
(2) The Director may order the person to
(3) The order— distribute, within the time specified by the course of the appeal to the beneficiaries of the appeal.
(a) must be made by written notice given to the person; and (b) must set out the time within which the distribution must be made; and (c) must contain a copy of this section. (4) The person must comply with an order made
under this section.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty
units or imprisonment for
12 months or both.
61B. Director may appoint an administrator
(1) This section applies if any of the
circumstances listed in section 61A(1) exist
in relation to a fundraising appeal.
(2) If, in the opinion of the Director it is
appropriate to do so, the Director may
appoint an administrator—
(a) to wind up the appeal; or
(b)
to exercise the Director's functions in relation to consenting to the
Fundraising Appeals (Amendment) Act 2001
| s. 19 | Act No. 70/2001 |
| disbursement of the assets of the appeal. |
(3) An administrator appointed under sub- section (2)(a) may—
(a) take possession of all assets associated with the appeal; and (b) prepare any accounts required by this Act in relation to the appeal; and (c) distribute assets of the appeal to the beneficiaries of the appeal; and (d) do anything else that is necessary to wind up the appeal. (4) The costs of the administrator under this
section are to be defrayed from the assets of
the appeal.".
19. Insertion of sections 64A and 64B
After section 64 of the Fundraising Appeals Act
1998 insert—
"64A. Appointment 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
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 19 that also states the obligations imposed on a
responsible person by this Act and the
maximum penalty that applies if thoseobligations 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 sub-section (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.
64B. Change 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 sub-section (2); or
(b)
the person gives the Director a written notice of resignation signed by the person.
Fundraising Appeals (Amendment) Act 2001
| s. 20 | Act No. 70/2001 |
(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.".
20. Insertion of sections 70A and 70B
After section 70 of the Fundraising Appeals Act
1998 insert—
"70A. Register
(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) registered fundraisers, any person
the name and contact details of 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;
(d)
in relation to a particular person or organisation, details of the proportion of the proceeds raised in fundraising appeals by the person or organisation
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 20 that have been 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 formthat the Director considers to be appropriate.
(6) The Director may amend the register at any
time to correct any mistakes in the register.
70B. Public 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) a particular fundraising appeal that
the percentage of the proceeds raised in beneficiaries of the appeal;
(d) or that may adversely affect, the
interests of the public concerning theany other matter that adversely affects, proceeds.
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| s. 21 | Act No. 70/2001 |
(2) The statement or warning may identify a particular person.".
21. Additional regulation-making power
After section 71(1)(d) of the Fundraising
Appeals Act 1998 insert—"(da) prescribing matters that must, or that may, be
included in the register;".
22. Creation of new Part
After section 71 of the Fundraising Appeals Act
1998 insert—
"PART 7—TRANSITIONAL PROVISIONS".
23. Insertion of sections 74 and 75
After section 73 of the Fundraising Appeals Act
1998 insert—"74. Registration 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) Act2001 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—
Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 s. 24
(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.
75. A person or organisation that was exempted
from all or any of Part 3 by regulations in
force under section 16(2) immediately beforeTemporary continuation of exemptions 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.".
24. Changes to references to the Minister
(1) In the Fundraising Appeals Act 1998—
(a)
in sections 32, 33 and 64, for "Minister" (wherever occurring) substitute "Director";
(b)
in sections 36(2), 37(1), 39(1), 43 and 66(1), after "Minister" (wherever occurring) insert "or the Director";
(c)
in section 38(2), after "Minister" insert "or the Director (as the case may be)";
(d) in section 69 insert the following heading—
"Delegation by Minister and Director";
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| s. 24 | Act No. 70/2001 |
(e)
in section 70, for "and any delegate of the Minister" substitute ", the Director and any delegate of the Minister or the Director".
(2) At the end of section 69 of the Fundraising
Appeals Act 1998 insert—
"(2) The Director may, in writing, delegate to anyofficer or employee of the public service any of the powers conferred on her or him by this Act, other than this power of delegation.".
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Fundraising Appeals (Amendment) Act 2001
Act No. 70/2001 Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Council: 20 June 2001
Legislative Assembly: 27 September 2001
The long title for the Bill for this Act was "to amend the Fundraising
Appeals Act 1998 and for other purposes."
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