Fundraising Appeals (Amendment) Regulations 2002 (Vic)

Fundraising Appeals (Amendment) Regulations

2002

S.R. No. 65/2002

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Consequential amendment to Objectives	2
6.	Definitions	2
7.	Identifying badges	2
8.	Labelling requirements for clothing bins	3
9.	Consequential amendment	5

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ENDNOTES 6

i

STATUTORY RULES 2002

S.R. No. 65/2002

Fundraising Appeals Act 1998

Fundraising Appeals (Amendment) Regulations

2002

The Governor in Council makes the following Regulations:
Dated: 13 August 2002

Responsible Minister:

CHRISTINE CAMPBELL

Minister for Consumer Affairs

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the Fundraising Appeals Regulations 1999 to vary the requirements for identifying badges and the

labelling of clothing bins and to make

consequential amendments.

2. Authorising provisions

These Regulations are made under section 71 of the Fundraising Appeals Act 1998.

3. Commencement

These Regulations come into operation on

1 October 2002.

4. Principal Regulations

In these Regulations, the Fundraising Appeals
Regulations 19991 are called the Principal
Regulations.

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5. Consequential amendment to Objectives

In regulation 1 of the Principal Regulations paragraph (c) is revoked.

6. Definitions

In regulation 4 of the Principal Regulations insert
the following definition—

' "clothing bin" means a receptacle that is

intended to be used for the receipt of
clothing (regardless of whether or not the
receptacle is also intended to be used for the

receipt of other things);'.

7. Identifying badges

(1) In regulation 6 of the Principal Regulations—

(a) before "For" insert "(1)";

(b) in paragraph (a) omit "and contact telephone number";

(c) paragraph (b) is revoked;

(d) for paragraph (d) substitute—

"(d) if the identifying badge is to be worn by

a collector who solicits or receives
money or a benefit from a person who
is occupying a motor vehicle while it is
on a road, an identification number
issued by the person or organisation
conducting the fundraising appeal.".

(2) At the end of regulation 6 of the Principal

Regulations insert—

"(2) All information required to be displayed on an identifying badge by section 9 of the Act and sub-regulation (1) must—

(a) only contain lettering or numbers with a height not less than 4 millimetres; and

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(b) if handwritten, all lettering must be in capitals.

(3) Any other information placed on an

identifying badge must be no greater in
height than the information referred to in

sub-regulation (2).

(4) If a person or organisation issues more than

one identification number in accordance with
sub-regulation (1)(d) for the purposes of a

fundraising appeal—

(a)	the identification numbers must be sequential; and
(b)	a record of each number and the collector to whom it relates must be made and retained by the person or organisation that issued them for a minimum period of 3 months after the fundraising appeal for which the badge is to be worn has ended.".

8. Labelling requirements for clothing bins

For regulations 7(1) and 7(2) of the Principal

Regulations substitute—

'(1) If one or more clothing bins are used in the

course of a fundraising appeal to receive
donations for the purposes of the fundraising
appeal, the person or organisation
conducting the appeal must ensure that the

label on each clothing bin—

(a) is clearly and prominently displayed on the front of the clothing bin in an area other than on the opening through which donations are deposited;

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(b) is comprised of information containing lettering or numbers—

(i)  with a height not less than

3⋅5 centimetres in the case of

information required in
accordance with section 10(1) of
the Act, being the name of the
appeal or the name of the person
or organisation conducting the
appeal, and the person or class of
persons or causes or things on
whose behalf the appeal is being
conducted; and

(ii)  with a height not less than

1⋅5 centimetres for all other

information; and

(c)

if the person or organisation used one receiving donations in the previous financial year, is comprised of information setting out—

(i) the previous financial year as a
result of donations to clothing bins

the total amount of funds raised in organisation;

(ii) as a result of donations to the
clothing bins in the previous
financial year that were paid to
any persons for collecting,

the percentage of the funds raised donations to the clothing bins; or

(d) if the person or organisation did not use a clothing bin for the purposes of receiving donations in the previous

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financial year, is comprised of information setting out—

(i)  an estimate of the total amount of funds expected to be raised in the current financial year as a result of

donations to clothing bins used by
the person or organisation;

(ii)  an estimate of the percentage of the funds expected to be raised in the current financial year as a result of donations to the clothing bins that will be paid to persons for collecting, processing or selling of the donations to the clothing bins.

Penalty: 20 penalty units.

(2) A person or organisation must not include

the words "charity collection bin" or words
with the same or similar meaning on their
clothing bins unless the person or
organisation that is conducting the
fundraising appeal for which the clothing bin

is being used—

(a) exempt charity by the Australian

has been endorsed as an income tax of Australia; and

(b) retains ownership and control of the donations made to the clothing bin until their disposal.

Penalty: 20 Penalty units.'.

9. Consequential amendment

Regulation 8 of the Principal Regulations is revoked.

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Fundraising Appeals (Amendment) Regulations 2002

Endnotes

S.R. No. 65/2002

ENDNOTES

1 Reg. 4: S.R. No. 83/1999 as amended by S.R. No. 144/2001.