New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991

- As at 19 February 2024 
- Act 69 of 1991 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects
   4.      Definitions
   5.      Meaning of "fundraising appeal"
   6.      Meaning of "conducting" or "participating in" a fundraising appeal
   7.      Religious organisations exempt from Act
   8.      Crown bound by this Act

   PART 2 - FUNDRAISING APPEALS

           Division 1 - Offences

   9.      Conducting unlawful fundraising
   10.     Participating in unlawful fundraising
   11.     Appeals conducted by persons engaged in business or otherwise deriving benefit
   12.     Advertising unlawful appeals
   13.     False representations in conduct of fundraising appeal

           Division 2 - Authority to conduct fundraising appeals

   13A.    Application to authorities of Licensing and Registration (Uniform Procedures) Act 2002
   14.     Special applications
   15.     Application to nominate registered office
   16.     Dealing with applications
   17.     Right conferred by authority
   18.     Duration of authority
   18A.    Renewal of authority
   19.     Conditions of authority
   19A.    Suspension or cancellation of authority

           Division 3 - Application of funds raised

   20.     Proceeds of appeal
   21.     Investment

           Division 4 - Requirements to be met by fundraisers

   22.     Keeping of records
   23.     Annual returns
   24.     Audit
   24A.    Authority holders to notify Secretary of certain matters
   24B.    Authority holders to give written statements regarding compliance with legislation
   25.     Exemptions

   PART 2A - ENFORCEMENT

           Division 1 - Investigation powers

   25A.    Authorised officers
   25B.    Identity cards
   25C.    Identity cards to be shown
   25D.    Exercise of investigation powers
   25E.    Power of entry
   25F.    Times for entry
   25G.    Powers to do things at premises
   25H.    Provision of information and documents
   25I.    Search warrants
   25J.    Care to be taken
   25K.    Recovery of expenses
   25L.    Offences relating to inquiries and inspections

           Division 2 - General civil enforcement powers

   25M.    Compliance notices
   25N.    Extension of time for complying with compliance notice
   25O.    Other provisions relating to notices
   25P.    Secretary may make order prohibiting conduct of fundraising appeal
   25Q.    Secretary may prohibit person or organisation from conducting fundraising appeals

           Division 3 - Enforceable undertakings

   25R.    Secretary may accept undertakings
   25S.    Notice of decision and reasons for decision
   25T.    Compliance with undertaking
   25U.    Contravention of undertaking
   25V.    Withdrawal or variation of undertaking
   25W.    Proceedings for alleged contravention

           Division 4 - Offences

   25X.    Nature of proceedings for offences
   25Y.    Offences by corporations
   25Z.    Additional orders by courts in criminal proceedings
   25ZA.   Penalty notices

   PART 3 - POWERS OF THE MINISTER IN RESPECT OF FUNDRAISERS
   Divisions 1, 2 - (Repealed)
   None

           Division 3 - Administration of fundraising organisations by administrator

   33.     Appointment of administrator
   34.     Notice of appointment
   35.     Administration
   36.     Audit requirements while administrator holds office
   37.     Expenses of administration
   38.     Liability for losses incurred during administration

           Division 4 - Miscellaneous provisions

   39.     Remission of cases to the Attorney General
   40.     Auditor-General to act as or provide officer
   41.     Recovery of certain expenses

   PART 3A - PUBLIC INQUIRIES

           Division 1 - (Repealed)
           None

           Division 2 - Establishment of public inquiries

   41B.    Appointment of public inquirers to conduct public inquiries
   41C.    (Repealed)
   41D.    Protection from liability
   41E.    Reports on public hearings
   41F.    Procedural guidelines relating to public inquiries

           Division 3 - Hearings

   41G.    Hearings
   41H.    Right of appearance
   41I.    Legal and financial assistance for witness
   41J.    Witnesses
   41K.    Evidence on oath or affirmation
   41L.    Examination and cross-examination of witnesses
   41M.    Restrictions on publication of evidence
   41N.    Protection from incrimination

           Division 4 - Powers of public inquirer

   41O.    Powers of public inquirer generally
   41P.    Investigative powers under Division 1 of Part 2A
   41Q.    Search warrant

           Division 5 - Miscellaneous

   41R.    Apprehension of witnesses
   41S.    Offences in relation to public inquiries
   41T.    Exclusion of personal liability
   41U.    Review of Part

   PART 4 - ADMINISTRATIVE REVIEWS BY CIVIL AND ADMINISTRATIVE TRIBUNAL

   42.     Administrative review of refusal to grant authority or against conditions imposed on authority
   43.     Administrative review of cancellation of authority
   44.     Administrative review of variation of authority
   45.     Determination by Civil and Administrative Tribunal of applications
   46.     (Repealed)

   PART 5 - MISCELLANEOUS

   47.     Public access to information
   48.     Remuneration of board members of charitable fundraising organisations
           49-51. (Repealed)
   52.     Application of funds in absence of authority
   53.     Delegation
   54.     Service of documents
   55.     Regulations
   56.     Repeals
   57.     (Repealed)
   58.     Savings and transitional provisions
           Schedule 1 (Repealed)
           SCHEDULE 2