Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007 (Vic)

Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007

S.R. No. 10/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Insertion of new regulation 12 and Schedule 1

12Infringement penalties

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 10/2007

Fundraising Appeals Act 1998

Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007

The Governor in Council makes the following Regulations:

Dated: 27 February 2007

Responsible Minister:

DANIEL ANDREWS
Minister for Consumer Affairs

RUTH LEACH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Fundraising Appeals Regulations 1999 to prescribe penalties for infringement offences under the Fundraising Appeals Act 1998.

2Authorising provision

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

3Insertion of new regulation 12 and Schedule 1

After regulation 11 of the Fundraising Appeals Regulations 1999[1] insert—

"12Infringement penalties

(1)For the purposes of section 61D(3) of the Act, the infringement penalty for an offence against a provision specified in Column 2 of Schedule 1 is the relevant amount prescribed in Column 4 of Schedule 1 in respect of that offence.

(2)A description of an offence in Column 3 of Schedule 1 is not to be taken to affect—

(a)the nature or elements of the offence to which the description refers; or

(b)the operation of these Regulations.

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SCHEDULES

SCHEDULE 1

PRESCRIBED INFRINGEMENT PENALTIES

Column 1	Column 2	Column 3	Column 4
Item	Provision of Act	Description	Amount prescribed
1.	s. 9(1)	Failure of person conducting or participating in fundraising appeal to wear identification badge	2·5 penalty units
2.	s. 14(2)	Failure of person being paid to participate in fundraising appeal to disclose that they are being paid before seeking a donation	2·5 penalty units
3.	s. 14(3)	Failure of person being paid to participate in fundraising appeal to disclose that they are being paid before offering to sell anything	2·5 penalty units
4.	s. 24D(2)	Failure of registered fundraiser to appoint a contact person and notify Director within 7 days of appointment	2·5 penalty units

Column 1	Column 2	Column 3	Column 4
Item	Provision of Act	Description	Amount prescribed
5.	s. 29(3)	Failure of person conducting fundraising appeal to ensure that the records are kept in a way that enables them to be conveniently and properly audited	12·5 penalty units
6.	s. 29(4)	Failure of person conducting appeal to ensure that accounts summarising records finalised within 3 months of end of appeal or end of 12 months from start of appeal	12·5 penalty units
7.	s. 29(5)	Failure of person conducting appeal to ensure that accounts prepared annually and last accounts finalised within 3 months of end of appeal	12·5 penalty units
8.	s. 29(8)	Failure of person who continues to administer funds or assets after appeal ends to ensure accounts finalised within 3 months of end of year	12·5 penalty units

9.	s. 29(9)	Failure of person who continues to administer funds or assets after appeal ends to ensure accounts finalised within 3 months of end of administration	12·5 penalty units
10.	s. 31(1)	Failure of person conducting appeal to ensure records stored at registered office or principal place of business	12·5 penalty units
11.	s. 31(2)	Failure of person conducting appeal to ensure records kept for 3 years after end of appeal	12·5 penalty units
12.	s. 32(2)	Failure of person to comply with direction to submit auditor's report to Director	12·5 penalty units
Column 1	Column 2	Column 3	Column 4
Item	Provision of Act	Description	Amount prescribed
13.	s. 33(4)	Failure of person conducting appeal to make account or record available for inspection within 21 days of receiving written request and fee (if any)	2·5 penalty units

".

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ENDNOTES

[1] Reg. 3: S.R. No. 83/1999.  Reprint No. 1 as at 14 April 2005.  Reprinted to S.R. No. 106/2002.