Victorian Current Acts Victorian Current Acts(1) The Commission, by instrument, may declare an organisation to be a community or charitable organisation if the Commission is satisfied that the organisation is conducted in good faith for—
(a) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the Patriotic Funds Act 1958 or the fund or part of the fund of the Australian Red Cross Society; or
(b) the purposes of any sporting or recreational club or association of a prescribed kind; or
(c) the purposes of a political party.
(2) In determining whether to make a declaration under subsection (1), the Commission may have regard to any matter which it considers relevant, including but not limited to—
(a) the conduct of fundraising or minor gaming activities by the applicant;
(b) the conduct of any person directly or indirectly associated with the applicant.
(3) The Commission—
(a) must either—
(i) declare the applicant to be a community or charitable organisation for the purposes of this Act; or
(ii) refuse the application; and
(b) must notify the applicant in writing accordingly.
(4) If the Commission refuses an application, the Commission may include reasons for that refusal in the written notification under subsection (3).
(5) A function of the Commission under this section may be performed by any commissioner.