Victorian Current Acts

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