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FUNDRAISING ACT 1998
TABLE OF PROVISIONS
PART 1--PRELIMINARY MATTERS
1. Purpose
2. Commencement
2A. Object
3. Definitions
4. Reference provisions
5. Meaning of fundraising appeal
6. Meaning of conduct a fundraising appeal
6A. Meaning of associate
6B. Interpretation of public interest
PART 2--PROVISIONS APPLYING TO ALL FUNDRAISING APPEALS
7. False statements while seeking donations
8. False statements to employees, agents etc. concerning compliance with the Act
9. Identification badges for collectors
10. Collection receptacles to be secure, numbered and labelled etc.
11. Use and emptying of receptacles to be properly supervised
12. Exceptions to sections 10 and 11
12A. Portion of funds received for supply of goods or services directed to fundraising to be disclosed
12B. Condition concerning manner of disclosure of portion of funds to be directed to fundraising
14. Paid phone etc. canvassers must disclose that they are being paid
15. Letters etc. by commercial fundraisers must disclose certain details
15A. Direct debit request form
PART 3--PROVISIONS APPLYING TO PARTICULAR FUNDRAISING APPEALS ONLY
Division 1--Application of this Part
16. This Part does not apply to some organisations
16A. Other exemptions from this Part
16B. Exemption does not cover commercial fundraisers
Division 2--Registration of fundraisers
17. Meaning of intended appeal
17A. Fundraisers must be registered
18. Application for registration as a fundraiser
18A. Consent of intended beneficiaries also needed
18B. Urgent applications
18C. Application if exemption ceases to apply
18D. Information concerning applications
18E. Director may obtain information from Chief Commissioner of Police
18F. Consent to disclosure of information may be required
19. Registration as a fundraiser
19A. Registration to be refused in certain cases
19B. Director may refuse registration in certain cases
19C. Conditions on registration
20. Duration of registration
20AAA. When duration of registration may be reduced
20AA. Process for reducing duration of registration
20A. Details of registration to be given in the register
21. Deemed registration if no response within 21 days
22. Renewal of registration
23. Director may impose conditions at any time
23A. Condition concerning distribution of proceeds
Division 2AA--Commonwealth registered entities
23AB. Effect of Commonwealth registration
23AC. Duration of deemed registration
23AD. Notification of changes
23AE. Conditions on deemed registration
23AF. Application of this Act to deemed registered fundraisers
23AG. Suspension of deemed registration
23AH. Action to be taken on suspension
23AI. Disclosure of information relating to Commonwealth registered entities
Division 2A--Notification of changes
24. Change of appeal manager to be notified
24A. Retention of commercial fundraiser to be notified
24B. Bankruptcy, convictions etc. to be notified
24C. Addition of beneficiaries to be notified
24D. Change of contact person to be notified
Division 3--Conduct of appeals
25. Appeals must be conducted in accordance with conditions imposed and details given
26. Proceeds may only be given to beneficiaries
27. All appeal money must be banked
Division 4--Accounts and records to be kept
28. Purpose and scope of this Division
29. Fundraisers must keep certain records and accounts
30. Other records that fundraisers must keep
31. Where and for how long records are to be stored
Division 5--Audit of accounts and records
32. Director may require accounts to be audited
Division 6--Public inspection of accounts and records
33. Public may inspect some records
Division 7--Deregistration of fundraisers
33A. Director may deregister fundraiser
33B. Process for expedited deregistration
33C. Process for other deregistration
33D. Action to be taken on deregistration
33E. Additional obligations of deregistered commercial fundraisers
33F. Additional obligation on person using commercial fundraiser
33G. Restriction on fundraisers if notice of deregistration given
33H. Action to be taken if registration expires
33I. Change of circumstance affects power to deregister
33J. Person may apply for review of Director's decision
33K. Certain actions not subject to review
33L. Automatic extension of notice of deregistration or reduction of duration of registration
33M. Automatic reversal if Court order quashed etc.
Division 7A--Deregistration of deemed registered fundraisers under this Act
33N. Director may deregister deemed registered fundraisers
33O. Action to be taken on deregistration
33P. Restriction on further registration
PART 4--POWERS OF THE COURT
Division 1--Jurisdiction of the Court under this Act
34. Court may order person to stop conducting an appeal
35. Court may make a temporary order without notice
35A. Court may make orders concerning distribution of appeal assets
36. Court may make orders concerning wrongly obtained assets
37. Minister or Director may refer question to Court for answer
38. Form of reference
Division 2--Procedure and conduct of matters under this Part
39. Powers of Court
40. Evidentiary provisions
41. Appearance of parties
42. Determination of Court
43. Effect of determination
PART 5--ENFORCEMENT PROVISIONS
Division 1--General enforcement provisions
44. Minister or Director may demand information
46. Searches to monitor compliance with this Act
47. Offence-related searches and seizures
48. Occupier to be given copy of consent
49. Search warrant
50. Announcement before entry
51. Copy of warrant to be given to occupier
52. Receipt must be given for any thing seized
53. Copies of certain seized things to be given
54. Use of equipment to examine or process things
55. Use or seizure of electronic equipment at premises
56. Compensation for damage caused during inspections
57. Return of seized things
58. Court may extend period
59. Power of inspector to require information or documents
60. Protection against self-incrimination
61. Inspectors etc. must not disclose information
61A. Director may order distribution of assets
61B. Director may appoint an administrator
Division 2--Infringement notices
61C. Definition
61D. Power to serve an infringement notice
61E. Form of notice
PART 6--MISCELLANEOUS MATTERS
62. False statements
63. Role of designated person
64. Change of designated person
64A. Appointment and role of responsible person
64B. Change of responsible person
65. Presumption concerning the service of documents by post
66. Continuing offences
67. Extended time for prosecutions
68. Application of Australian Consumer Law and Fair Trading Act 2012
69. Delegation by Minister and Director
70. Judicial notice concerning authorisations
70A. Register
70B. Public information statements
71. Regulations
PART 7--TRANSITIONAL PROVISIONS
72. Transitional provision
74. Registration as fundraiser not required in certain cases
75. Temporary continuation of exemptions
76. Change of title provision
77. Transitional provision relating to duration of registration
SCHEDULE
ENDNOTES
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