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Version No. 014
Fundraising Appeals Act 1998
Act No. 78/1998
Version incorporating amendments as at 22 December 2004

TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 1
3. Definitions 1
4. Reference provisions 6
5. Meaning of “fundraising appeal” 7
6. Meaning of “conduct” a fundraising appeal 10
6A. Meaning of “associate” 11
6B. Interpretation of “public interest” 11
PART 2—PROVISIONS APPLYING TO ALL FUNDRAISING
APPEALS 12
7. False statements while seeking donations 12
8. False statements to employees, agents etc. concerning
compliance with the Act 13

9. Identification badges for collectors 13
10. Collection receptacles to be secure, numbered and labelled etc. 15
11. Use and emptying of receptacles to be properly supervised 16
12. Exceptions to sections 10 and 11 16
13. Additional requirements for clothing bins 17
14. Paid phone etc. canvassers must disclose that they are being
paid 18

15. Letters etc. by commercial fundraisers must disclose certain
details 19

PART 3—PROVISIONS APPLYING TO PARTICULAR
FUNDRAISING APPEALS ONLY 21
Division 1—Application of this Part 21
16. This Part does not apply to some organisations 21
16A. Other exemptions from this Part 22
16B. Exemption does not cover commercial fundraisers 23

i

Section Page
Division 2—Registration of Fundraisers 24
17. Meaning of “intended appeal” 24
17A. Fundraisers must be registered 24
18. Application for registration as a fundraiser 25
18A. Consent of intended beneficiaries also needed 28
18B. Urgent applications 28
18C. Application if exemption ceases to apply 28
18D. Information concerning applications 30
18E. Director may obtain information from Chief Commissioner of
Police 30

18F. Consent to disclosure of information may be required 31
19. Registration as a fundraiser 31
19A. Registration to be refused in certain cases 31
19B. Director may refuse registration in certain cases 33
19C. Conditions on registration 34
20. Duration of registration 35
20A. Details of registration to be given in the register 35
21. Deemed registration if no response within 21 days 36
22. Renewal of registration 36
23. Director may impose conditions at any time 37
23A. Condition concerning distribution of proceeds 38
Division 2A—Notification of Changes 39
24. Change of appeal manager to be notified 39
24A. Retention of commercial fundraiser to be notified 40
24B. Bankruptcy, convictions etc. to be notified 40
24C. Addition of beneficiaries to be notified 41
24D. Change of contact person to be notified 42
Division 3—Conduct of Appeals 43
25. Appeals must be conducted in accordance with conditions
imposed and details given 43

26. Proceeds may only be given to beneficiaries 44
27. All appeal money must be banked 45
Division 4—Accounts and Records to be kept 46
28. Purpose and scope of this Division 46
29. Fundraisers must keep certain records and accounts 46
30. Other records that fundraisers must keep 50
31. Where and for how long records are to be stored 51
Division 5—Audit of Accounts and Records 51
32. Director may require accounts to be audited 51
Division 6—Public Inspection of Accounts and Records 53
33. Public may inspect some records 53

ii

Section Page
Division 7—Deregistration of Fundraisers 54
33A. Director may deregister fundraiser 54
33B. Process for expedited deregistration 56
33C. Process for other deregistration 56
33D. Action to be taken on deregistration 57
33E. Additional obligations of deregistered commercial fundraisers 58
33F. Additional obligation on person using commercial fundraiser 59
33G. Restriction on fundraisers if notice of deregistration given 59
33H. Action to be taken if registration expires 60
33I. Change of circumstance affects power to deregister 60
33J. Person may apply for review of Director’s decision 61
33K. Certain actions not subject to review 62
33L. Automatic extension of notice of deregistration 62
33M. Automatic reversal if Court order quashed etc. 63
PART 4—POWERS OF THE COURT 64
Division 1—Jurisdiction of the Court under this Act 64
34. Court may order person to stop conducting an appeal 64
35. Court may make a temporary order without notice 67
35A. Court may make orders concerning distribution of appeal assets 68
36. Court may make orders concerning wrongly obtained assets 68
37. Minister or Director may refer question to Court for answer 70
38. Form of reference 71
Division 2—Procedure and Conduct of Matters under this Part 71
39. Powers of Court 71
40. Evidentiary provisions 71
41. Appearance of parties 72
42. Determination of Court 72
43. Effect of determination 72
PART 5—ENFORCEMENT PROVISIONS 73
Division 1—General Enforcement Provisions 73
44. Minister or Director may demand information 73
45. Repealed 74
46. Searches to monitor compliance with this Act 74
47. Offence-related searches and seizures 75
48. Occupier to be given copy of consent 76
49. Search warrant 76
50. Announcement before entry 77
51. Copy of warrant to be given to occupier 78
52. Receipt must be given for any thing seized 78
53. Copies of certain seized things to be given 79
54. Use of equipment to examine or process things 79

iii

Section Page
55. Use or seizure of electronic equipment at premises 80
56. Compensation for damage caused during inspections 81
57. Return of seized things 82
58. Court may extend period 82
59. Power of inspector to require information or documents 83
60. Protection against self-incrimination 83
61. Inspectors etc. must not disclose information 84
61A. Director may order distribution of assets 85
61B. Director may appoint an administrator 85
Division 2—Infringement Notices 86
61C. Definition 86
61D. Power to serve a notice 87
61E. Form of notice 87
61F. Late payment of penalty 88
61G. Withdrawal of notice 88
61H. Payment expiates offence 89
61I. Application of penalty 89
61J. Prosecution after service of infringement notice 90
61K. Enforcement of infringement penalty 90
PART 6—MISCELLANEOUS MATTERS 91
62. False statements 91
63. Role of designated person 91
64. Change of designated person 91
64A. Appointment and role of responsible person 92
64B. Change of responsible person 92
65. Presumption concerning the service of documents by post 93
66. Continuing offences 93
67. Extended time for prosecutions 94
68. Application of Fair Trading Act 1999 95
69. Delegation by Minister and Director 95
70. Judicial notice concerning authorisations 96
70A. Register 96
70B. Public information statements 97
71. Regulations 97
PART 7—TRANSITIONAL PROVISIONS 100
72. Transitional provision 100
72A. Transitional provision relating to inspectors 100
73. Repeal of former Act 101
74. Registration as fundraiser not required in certain cases 101
75. Temporary continuation of exemptions 101
__________________

iv

Section Page
SCHEDULE—Infringement Offences 103
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
ENDNOTES 104
1. General Information 104
2. Table of Amendments 105
3. Explanatory Details 107

v

Version No. 014
Fundraising Appeals Act 1998
Act No. 78/1998
Version incorporating amendments as at 22 December 2004

The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is to regulate the raising
and application of money and other benefits for
non-commercial purposes from the public.
2. Commencement
(1) This section and section 1 come into operation on
the day this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3) If a provision of this Act does not come into operation before 1 July 1999, it comes into
operation on that day.
3. Definitions
In this Act—
“appeal manager” , in relation to a fundraising
appeal, means a person who has any
managerial or financ ial responsibility for
the appeal; S. 3 def. of
“appeal
manager”
inserted by
No. 70/2001
s. 3.
“associate” has the meaning set out in
section 6A; S. 3 def. of
“associate”
inserted by
No. 70/2001
s. 3.

“benefit” includes any gain or reward;

1

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 3
“commercial fundraiser” means a person who is
retained on a commercial basis by another
person to administer all or part of a
fundraising appeal for the other person;
“conduct a fundraising appeal” has the meaning
set out in section 6;
“Court” means the Magistrates’ Court of
Victoria;
“designated person” means the designated
person named by an incorporated association
or an unincorporated organisation under
section 18 or 64;
“Director” means the Director within the
meaning of the Fair Trading Act 1999 ; S. 3 def. of
“Director”
inserted by
No. 70/2001
s. 3,
amended by
No. 30/2003
s. 86.

“disqualifying offence” means— S. 3 def. of
“disqualifying
offence”
inserted by
No. 70/2001
s. 3.
(a) an offence involving fraud, dishonesty,
violence or drug tr afficking that is
punishable by imprisonment for
3 months or more in the case of a
natural person, or by a fine of $10 000
or more in the case of a body corporate;
or
(b) an offence under this Act;
“externally-administered body corporate” has
the same meaning as in the Corporations
Act; S. 3 def. of
“externally-
administered
body
corporate”
inserted by
No. 70/2001
s. 3.

“fundraising appeal” has the meaning set out in section 5;

2

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 3
“insolvent under administration” means— S. 3 def. of
“insolvent
under admin-
istration”
inserted by
No. 70/2001
s. 3.
(a) a person who is an undischarged
bankrupt; or
(b) a person for whom a debt agreement
has been made under Part IX of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the debt agreement has
not ended or has not been terminated;
or
(c) a person who has executed a deed of
arrangement under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the terms of the deed
have not been fully complied with; or
(d) a person whose creditors have accepted
a composition under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if a final payment has not
been made under that composition;
“inspector” means an inspector appointed
under the Fair Trading Act 1999 ; S. 3 def. of
“inspector”
substituted by
No. 17/1999
s. 33(1).

“participate in a fundraising appeal” means to
solicit or receive any money or benefit for
the purposes of the appeal;

“public place” means—

3

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 3
(a) any public highway, road, street,
bridge, footway, footpath, court, alley,
passage or thoroughfare even though it
may be formed on private property;
(b) any park, garden, reserve or other place
of public recreation or resort;
(c) any railway station, platform or
carriage;
(d) any wharf, pier or jetty;
(e) any passenger ship or boat to which the
public has access;
(f) any public vehicle;
(g) any market;
(h) any auction room or place while a sale
by auction is being conducted there;
(i) any place of public resort; or
(j) any open place to which the public
whether upon or without payment for
admittance have, or are permitted to
have, access.
but does not include—
(k) any State school or registered school or
any related land or premises;
(l) any land or premises owned or
occupied by a university, TAFE
College or other tertiary educational
institution;
(m) any land or premises owned or
occupied by a registered funded agency
within the meaning of the Health
Services Act 1988 ;

4

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 3
(n) any church, chapel or other premises or
related land that is owned or occupied
by a religious organisation;
“register” means the register required by
section 70A; S. 3 def. of
“register”
inserted by
No. 70/2001
s. 3.

“registered fundraiser” means a person who is
registered as a fundraiser by the Director
under Division 2 of Part 3; S. 3 def. of
“registered
fundraiser”
inserted by
No. 70/2001
s. 3.

“registrar” means registrar of the Court;
“religious organisation” means an organisation
in respect of which a Proclamation is in force
under section 26 of the Marriage Act 1961 of
the Commonwealth;
“responsible person” means the responsible person named for the purposes of section
64A by an incorporated person under
section 18(2)(k) or 64B; S. 3 def. of
“responsible
person”
inserted by
No. 70/2001
s. 3.
“retention period” means a period of 45 days
after the seizure of a thing under Part 5;
“Secretary” means the Secretary to the
Department of Justice;
“unincorporated organisation” means a group
of people who—
(a) conduct an activity under a common
name; and
(b) maintain a list of members in relation to
the conduct of that activity.

5

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 4
4. Reference provisions
(1) A reference to a person in this Act includes a reference to an incorporated association and to
each member of an unincorporated organisation.
(2) Despite sub-section (1), a reference to a person in any provision creating an offence under this Act
does not include a reference to a member of an
unincorporated organisation unless it can be
proved that the member instigated or actively
engaged in, or consented to, the conduct that
constitutes the offence, or that the offence was
attributable to any wilf ul neglect by the member.
(3) For the purposes of this Act, a person is not a
member of an unincorporated organisation unless
she or he has consented to being a member of the
organisation.
(4) A reference to a part y in relation to a court
proceeding is, in the case of an incorporated
association or an uninc orporated organisation, a
reference to the designated person of that
association or organisation.
(5) A reference in this Act—
(a) to “she or he”, “he or she”, “her or him” or
“him or her” is to be read as including a
reference to “it”; and
(b) to “her or his” or “his or her” is to be read as
including a reference to “its”—
if the context permits.
(6) A reference in this Act to “this Act” includes a reference to the regulations.
(7) A reference in this Act to being found guilty of an offence includes a reference to having a charge of
committing that offence found proven. S. 4(7)
inserted by
No. 70/2001
s. 4.

6

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 5
(8) A reference in this Act to an offence under this Act, in relation to a finding of guilt, includes a
reference to an offence under the Fundraising
Appeals Act 1984 . S. 4(8)
inserted by
No. 70/2001
s. 4.
(9) A reference in this Act to the registration of a
person as a fundraiser incl udes a reference to the
deemed registration of the person as a
fundraiser. S. 4(9)
inserted by
No. 70/2001
s. 4.
(10) A reference to assets obtained as a result of a fundraising appeal includes, in so far as the
reference relates to a part icular point of time, a
reference to any assets that are received in relation
to the appeal after that time. S. 4(10)
inserted by
No. 70/2001
s. 4.
(11) The provisions of this section are subject to any
contrary intention in a ny other section of this
Act. S. 4(11)
inserted by
No. 70/2001
s. 4.

5. Meaning of “fundraising appeal”
(1) A fundraising appeal occurs if a person solicits or receives money or a benefit on the basis of a
representation that the soliciting or receiving is
not solely for the profit or commercial benefit of
the person or any other person, cause or thing on
whose behalf the person is soliciting or receiving
the money or benefit.
(2) For the purposes of this section, it does not matter if—
(a) the person who solicits or receives the
money or benefit does not make the
representation;
(b) the representation was direct or indirect;
(c) the majority of the money or benefit is not to
be applied for the benefit of the person,
cause or thing on whose behalf it is solicited
or received;

7

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 5
(d) the person who solicits or receives the
money or benefit does so as a volunteer or is
paid for doing so.
(3) Despite anything to th e contrary in sub-section
(1), the following activities are not a fundraising
appeal—
(a) soliciting or receiving any money or
benefit—
(i) for the purposes of a patriotic fund
within the meaning of the Patriotic
Funds Act 1958 ; or
(ii) in relation to any raffle, lottery or other
activity authorised or permitted under
the Gambling Regulation Act 2003 ; or S. 5(3)(a)(ii)
amended by
No. 114/2003
s. 12.1.3(Sch.
6 item 5).

(b) soliciting a person to become a member of
an organisation or to pay the joining or
membership fee of an organisation;
(c) the soliciting or receipt of any money or
benefit by, or on behalf of, an organisation
from a person— S. 5(3)(c)
substituted by
No. 70/2001
s. 5.
(i) who is, or was, a member of the
organisation; or
(ii) who is in the process of becoming a
member of the organisation; or
(iii) who is a relative of, or who is
personally acquainted with, any person
referred to in sub-paragraph (i) or (ii)—
even if the money or benefit is solicited or
received on the basis that it will be applied
for purposes other than the benefit of the
organisation;

8

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 5
(d) soliciting a person to devise or bequeath any
property;
(e) soliciting or receiv ing money or a benefit
exclusively or predominantly from among
people sharing a common employer or
principal or place of work if the soliciting or
receiving—
(i) is carried out by one of those people;
and
(ii) is made on the basis of a representation
that the money or benefit will be
applied for a benevolent or
philanthropic purpose connected
directly with anothe r of those people or
with the immediate fa mily of another of
those people;
(f) soliciting or receiv ing money or a benefit
from—
(i) the Commonwealth, a State, a
Territory, a local government body or
any public authority or body created by,
or that represents in any capacity, the
Commonwealth, a State or a Territory;
(ii) a corporation, part nership or trust that
is permitted to donate money or
benefits for non-profit or non-
commercial purposes by its
memorandum of incorporation, articles
of association, part nership agreement,
trust deed or other empowering
document;
(g) any other activity that the regulations state is
not a fundraising appeal.

9

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 6
6. Meaning of “conduct” a fundraising appeal
(1) A person conducts a fundraising appeal if she or he—
(a) organises the appeal in a capacity other than
that of an employee or agent; or
(b) is the sole participant in the appeal; or
(c) is one of a number of participants in the
appeal, but is not participating in the appeal
as an employee or agent.
(2) In determining whether a person is conducting a fundraising appeal, it does not matter whether the
person is acting as a volu nteer or is being paid.
(3) If a person who conducts a fundraising appeal
retains a commercial fundrai ser to administer all
or part of the appeal, a re ference in this Act to the
person conducting the appeal is a reference— S. 6(3)
substituted by
No. 70/2001
s. 6.
(a) to the person in respect of the appeal as a
whole and of any aspect of the appeal that
encompasses the appeal as a whole (such as
a requirement to produce accounts relating to
the appeal); and
(b) to the commercial fundraiser in respect of
any aspect of the a ppeal that is being
administered by the commercial fundraiser;
and
(c) to the person in resp ect of any other aspect of
the appeal.
* * * * * S. 6(4)
repealed by
No. 70/2001
s. 6.

10

Part 1—Preliminary Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 6A
6A. Meaning of “associate” S. 6A
inserted by
No. 70/2001
s. 7.
For the purposes of this Act, a person is an
associate of another person—
(a) if the person is able, or will be able, to have a
significant influence over , or with respect to,
the management or operation of the
fundraising activities of the other person; or
(b) in the case of another person that is a body
corporate, if the person is a director,
secretary or manager of the other person.
6B. Interpretation of “public interest”
Without limiting the generality of the meaning
of “public interest”, for the purposes of this Act
a fundraising appeal is not conducted in the public
interest if, in the opini on of the Court or the
Director, as the case may be, the expenses payable
in respect of the appeal in a particular period
exceed a reasonable proportion of the total amount
raised in that period.
S. 6B
inserted by
No. 70/2001
s. 7.
_______________

11

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 7
PART 2—PROVISIONS APPLYING TO ALL FUNDRAISING APPEALS
7. False statements while seeking donations
(1) In conducting or part icipating in a fundraising
appeal, a person must not make or give any
representation or oral or written statement in
relation to the appeal to another person that
misleads or deceives, or that is likely to mislead or
deceive—
(a) the other person; or
(b) anyone else to whom the other person may
make, repeat or give the representation or
oral or written statement.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(2) It is a defence to a ch arge under sub-section (1) if
the person charged can show—
(a) that she or he reasonably believed that the
representation or statement was not
misleading or deceptive, and was not likely
to mislead or deceive; or
(b) that the statement was an accurate repetition
of information supplied by another person,
and that the person repeating or passing on
the statement had no reasonable grounds to
doubt that the information was true.

(3) However, a person may not rely on the defence referred to in sub-sectio n (2)(b) unless the person

12

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 8
gave the person bringing the charge at least 7 days
before the charge is h eard a notice identifying the
person who supplied the information or, if that
identity is not known, setting out all the
information the person charged has concerning the
person who supplied the information.
(4) Despite sub-section (3), the court before which the charge is brought may perm it a person to rely on
the defence referred to in sub-section (2)(b) even
though the person did not gi ve the notice required
by sub-section (3) at least 7 days before the charge
is heard.
8. False statements to employees, agents etc. concerning complianc e with the Act
A person—
(a) who is conducting or is proposing to conduct
a fundraising appeal; or
(b) who is acting on behalf of a person who is
conducting or is proposing to conduct a
fundraising appeal—
must not represent to an employee, agent or
collector (whether volunt ary or otherwise) that
any thing required or permitted by this Act to be
done in relation to the appeal has been done if it
has not been done.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.

9. Identification badges for collectors

13

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 9
(1) If a person is in the course of conducting or participating in a fundraising appeal—
(a) in a public place; or
(b) on the premises of a person from whom
money or a benefit is being solicited or
received without the pr ior invitation of that
latter person—
she or he must wear an identifying badge in such a
way that the entire face of the badge is at all times
clearly visible.
Penalty: 10 penalty units.
(2) A person who is conducting a fundraising appeal
must issue an identifying badge to each person
participating in the appeal who is required by sub-
section (1) to wear an identifying badge and must
ensure that the badge—
(a) prominently displays the words “Paid
Collector” if the person to whom it is issued
is entitled, or expects, to be paid for
participating in the appeal (other than for
out-of-pocket expenses);
(b) prominently displays the words “Volunteer
Collector” if the person to whom it is issued
is not entitled, and does not expect, to be
paid for participating in the appeal (other
than for out-of-pocket expenses);
(c) complies with any other requirements
specified in the regulations.
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty units or
imprisonment for 6 months or both.

14

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 10
10. Collection receptacles to be secure, numbered and labelled etc.
(1) A person who is conducting a fundraising appeal must ensure that any receptacles that are used to
collect donations for the app eal that are in a public
place—
(a) are securely constructed, properly sealed and
consecutively numbered; and
(b) are clearly labelled with—
(i) the name of the appeal; or
(ii) the name of the person conducting the
appeal and the person or class of people
or causes or things on whose behalf the
appeal is being conducted.
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty units or
imprisonment for 6 months or both.
(2) Despite sub-section (1), it is not necessary for the person to ensure that a receptacle used to collect
money is properly sealed if every person who puts
money in the receptacle (or who gives money that
is to be put in the receptacle) is given a receipt in
a form authorised by the person conducting the
appeal.
(3) This section does not apply to receptacles used as part of a highway collection carried out in
compliance with the Road Safety Act 1986 (or
any regulations made under that Act).

15

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 11
11. Use and emptying of receptacles to be properly supervised
(1) A person who is conducting a fundraising appeal must ensure that the use and emptying of any
receptacles that are used to collect money for the
appeal are supervised in a way that ensures, to the
maximum extent that is practicable in the
circumstances of the appeal—
(a) in the case of a fundraising appeal to which
Part 3 applies, that a ll the money is deposited
in one of the accounts referred to in
section 27;
(b) in any other case, that all the money is
collected and given to the person.
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty units or
imprisonment for 6 months or both.
(2) A person who is conducting a fundraising appeal must ensure that the use and emptying of any
receptacles that are used to collect donations other
than money for the appeal are supervised in a way
that ensures, to the maximum extent that is
practicable in the circumst ances of the appeal, that
all the donations are collected and properly
processed.
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty units or
imprisonment for 6 months or both.
12. Exceptions to sections 10 and 11
(1) The obligations imposed on a person by sections 10 and 11 are subject to a ny contrary obligations
imposed on the person by the Director under
section 19C or 23. S. 12(1)
amended by
No. 70/2001
s. 12(a).

16

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 13
(2) Sections 10 and 11 do not apply to receptacles used in any circumstances specified for the
purposes of this sub-section by the regulations.
13. Additional requiremen ts for clothing bins
(1) In this section, “clothing bin” means a receptacle
that is intended to be used for the receipt of
clothing (regardless of whether or not the
receptacle is also intended to be used for the
receipt of other things).
(2) If one or more clothing bins are used in the course
of a fundraising appeal to receive donations for
the purposes of the appeal, the person conducting
the appeal must ensure that a written record is
kept of the following details—
(a) the total amount of funds that were raised as
a result of the donations to the bins; and
(b) what percentage of the donations were sold
or made available for sale, what percentage
of the donations were sold as scrap and to
whom (in broad categories) the sales were
made; and
(c) if any person is paid for collecting donations
from the bins or for processing or selling the
donations, what percentage of the proceeds
of the donations was paid to the person; and
(d) any other details required by the regulations.
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty units or
imprisonment for 6 months or both.

17

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 14
(3) A person conducting a fundraising appeal to which sub-section (2) applie s must ensure that the
required records are kept in a way that enables
them to be conveniently and properly audited.
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty units or
imprisonment for 6 months or both.
(4) In the case of a fundraising appeal to which Part 3 applies, the person cond ucting the appeal must
ensure that the details required by sub-section (2)
accompany the accounts required by section
29(4).
Penalty: In the case of a corporation,
120 penalty units.
In any other case, 60 penalty units or
imprisonment for 6 months or both.
14. Paid phone etc. canvassers must disclose that they are being paid
(1) This section applies to a person—
(a) who seeks donations to, or offers to sell
anything as part of, a fundraising appeal by
telephone or by any other method of spoken
direct personal comm unication involving
electronic or mechanical means; and
(b) who is entitled, or expects, to receive money
or some other financial reward for
participating in the appeal (other than for
out-of-pocket expenses).

18

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 15
(2) Before seeking a donation, the person must state to the person from whom the donation is being
sought—
(a) the fact that the person seeking the donation
has been retained on a commercial basis to
seek the donation; and
(b) the name of the person who is employing (or
who has retained) the person seeking the
donation; and
(c) the name of the person on whose behalf the
donation is sought (if this name is different
from the name required by paragraph (b)).
Penalty: 10 penalty units.
(3) Before offering to sell anything, the person must
state to the person to whom the offer is to be
made—
(a) the fact that the person making the offer has
been retained on a commercial basis to make
the offer; and
(b) the name of the person who is employing (or
who has retained) the person making the
offer; and
(c) the name of the person on whose behalf the
offer is being made (if this name is different
from the name required by paragraph (b)).
Penalty: 10 penalty units.
15. Letters etc. by commercia l fundraisers must disclose
certain details
(1) This section applies if a commercial fundraiser
seeks donations to, or offers to sell anything as
part of, a fundraising ap peal by any means of
communication to which section 14 does not
apply.

19

Part 2—Provisions Applying to all Fundraising Appeals

Fundraising Appeals Act 1998
Act No. 78/1998
s. 15
(2) In the case of any communication by means of a
document, the commercial fundraiser must ensure
that the document states—
(a) that the document has been sent or
distributed by the commercial fundraiser;
and
(b) that the commercial fundraiser has been
retained on a commercial basis to send or
distribute the document.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(3) In the case of any other means of communication, the commercial fundraiser must ensure that a
donation is not sought, and th at an offer to sell is
not made, unless any person from whom the
donation is sought, or to whom the offer is made,
is informed of—
(a) the fact that the communication has been
made by the commercial fundraiser; and
(b) the fact that the commercial fundraiser has
been retained on a commercial basis to seek
the donation or make the offer by that means
of communication.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
_______________

20

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 16
PART 3—PROVISIONS APPLYING TO PARTICULAR FUNDRAISING APPEALS ONLY
Division 1—Application of this Part
16. This Part does not apply to some organisations S. 16
amended by
No. 70/2001
s. 8(a).
Subject to section 16B, th is Part does not apply
to the conduct of a fundraising appeal by the
following organisations—
(a) a State school, council or registered school
under the Education Act 1958;
(b) a university, TAFE College or other tertiary
educational institution;
(ba) a kindergarten that employs a pre-school
teacher (as defined in the Pre-school
Teachers and Assistants (Leave) Act
1984); S. 16(ba)
inserted by
No. 70/2001
s. 8(b).
(c) a registered funded agency within the
meaning of the Health Services Act 1988 ;
(d) a religious organisation;
(e) a political party registered under section 50
of the Electoral Act 2002 ; S. 16(e)
substituted by
No. 23/2002
s. 192.

(f) a trade union registered under the Trade
Unions Act 1958 ;
(g) an organisation registered under the
Workplace Relations Act 1996 or the
Industrial Relations Act 1988 of the
Commonwealth.

21

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 16A
* * * * * S. 16(2)–(4)
repealed by
No. 70/2001
s. 8(c).

16A. Other exemptions from this Part S. 16A
inserted by
No. 70/2001
s. 9.
(1) The Minister, by Order published in the Government Gazette—
(a) may exempt a person or organisation, or a
class of person or organisation, from having
to comply with all, or any provision, of this
Part; and
(b) may impose conditions in relation to any
exemption granted under paragraph (a).
(2) The Minister may decl are, by Order published in
the Government Gazette—
(a) that a specified pe rson or organisation, or a
specified sub-class of person or organisation,
falls within a class created by an Order made
under sub-section (1);
(b) that a specified pe rson or organisation, or a
specified sub-class of person or organisation,
is not exempt from this Part, even though the
person, organisation or sub-class falls within
a class created by an Order made under sub-
section (1).
(3) A declaration under sub-section (2) has effect according to its tenor.
(4) If a condition applies in relation to an exemption applying to a person or organisation under this
section, the exemption does not apply to the
person or organisation during any period in which
the person or organisation does not comply with
the condition.

22

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 16B
(5) On or before the 6th sitting day after an Order made under this section is published in the
Government Gazette, the Minister must ensure
that a copy of the Order is laid before each House
of the Parliament.
(6) A failure to comply w ith sub-section (5) does not
affect the operation or ef fect of the Order but the
Scrutiny of Acts and Regulations Committee of
the Parliament may report the failure to each
House of the Parliament.
(7) An Order made under this section may be disallowed in whole or in part by either House of
Parliament.
(8) Part 5 of the Subordinate Legislation Act 1994
applies to an Order made under this section as if—
(a) a reference in that Part to a “statutory rule”
was a reference to the Order; and
(b) a reference in section 23(1)(c) of that Part to
“section 15(1)” was a reference to sub-
section (5).
16B. Exemption does not co ver commercial fundraisers S. 16B
inserted by
No. 70/2001
s. 9.
(1) This section applies if all or part of this Part
does not apply to a person or organisation as a
result of section 16 or 16A.
(2) If the person or organisation retains a commercial fundraiser to administer all or part of a fundraising
appeal, this Part applies to the commercial
fundraiser in respec t of the appeal.

23

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 17
Division 2—Registration of Fundraisers Pt 3 Div. 2
(Heading and
ss 17–24)
amended by
No. 52/1998
s. 311(Sch. 1
item 109.2),
substituted as
Pt 3 Div. 2
(Heading and
ss 17–23A) by
No. 70/2001
s. 10.

17. Meaning of “intended appeal” S. 17
substituted by
No. 70/2001
s. 10.
In this Division, “intended appeal” means any
fundraising appeal that a person applying to be
registered as a fundraise r intends, at the time of
submitting the application, to conduct if the
person is registered as a fundraiser.
17A. Fundraisers must be registered S. 17A
inserted by
No. 70/2001
s. 10.
Subject to Division 1, a person must not conduct a
fundraising appeal unless sh e or he is registered
by the Director as a fundraiser.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
Note: In the case of a person who ceases to be exempt from
this Part while the person is conducting a fundraising
appeal, section 18C suspends the operation of this
section for a limited period.

24

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 18
18. Application for registration as a fundraiser S. 18
substituted by
No. 70/2001
s. 10.
(1) A person who wishes to apply to register as a
fundraiser must submit an application for
registration to the Director at least 28 days before
the date she or he intend s to start conducting any
fundraising appeal.
Note: Section 18B enables the submission of an application
for registration within 28 days of an intended appeal if
there are special circumstances. In the case of a
person who ceases to be exempt from this Part while
the person is conducting a fundraising appeal, section
18C supplants the 28 day time limit specified in this
sub-section.
(2) The application must be in the form required by
the Director and must state—
(a) the name of the person;
(b) if the person is a natural person, her or his
residential or principal business address in
Victoria;
(c) if the person is a corporation, the address in
Victoria of its register ed office or principal
place of business;
(d) if the person is an incorporated association or
an unincorporated organisation, the name
and address of a natural person in Victoria
appointed for the purpose s of this Act as the
designated person of the organisation;
(e) the name and contact details of a natural
person who members of the public may
contact in relation to any fundraising appeals
to be conducted by the person;
(f) the name and address of any person who is,
or who it is intended will be, an appeal
manager for any fundraising appeals to be
conducted by the person;

25

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 18
(g) either—
(i) the name of every person on whose
behalf the person in tends to conduct a
fundraising appeal; or
(ii) the common features shared by the
class of person for whose benefit the
person intends to conduct a fundraising
appeal, and the means by which the
money or benefit is to be transmitted to
that class or is to be distributed among
the individual members of that class; or
(iii) if any intended appeal is not to be
conducted for the immediate direct
benefit of one or more people, a
description of the thing or cause for
which the appeal is to be conducted,
and the means by which the money or
benefit will be appl ied to the thing or
cause;
(h) with respect to any intended appeal—
(i) whether the person is to derive any
money or benefit from the appeal;
(ii) the date on which it is intended to
conduct, or start, the appeal;
(iii) the form of the appeal;
(i) if applicable, deta ils (including the number)
of the account that the person intends to use
for the purposes of section 27(2);
(j) if the person has retained, or intends to
retain, a commercial fundraiser or other
person to administer part or all of an
intended appeal, the na me and address of
that commercial fundraiser or other person;

26

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 18
(k) if the person is an incorporated association
that was not incorporated in Victoria, the
name and address of a person appointed for
the purposes of this Act as the responsible
person of the association;
(l) any other information required by the
Director for the purposes of this Part.
Note: Paragraph (l) would, for instance, enable the Director
to seek information in an application about associates
of the person submitting the application to enable the
Director to determine whether grounds for refusing
the application exist under section 19B(3).
(3) A number of people who are not an
unincorporated organisation may combine to be
registered as a fundraiser.
(4) If a number of people co mbine to be registered as
a fundraiser—
(a) the application must also contain the name
and address of each of them; and
(b) they are deemed to be an unincorporated
organisation.
(5) The Director may modify the requirements of sub- section (2) to enable a person who is an
organisation that is divi ded into a number of
divisions or branches or other sub-groups to apply
to register as a fundraise r without providing all the
details required by that sub-section in relation to
any person acting on behalf of a division, branch
or sub-group.
(6) In the case of an application by a person who is an incorporated association th at was not incorporated
in Victoria, the applica tion must be accompanied
by the consent required by section 64A(3) signed
by the person appointed as the responsible person
of the association.

27

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 18A
18A. Consent of intended beneficiaries also needed S. 18A
inserted by
No. 70/2001
s. 10.
(1) An application for registration as a fundraiser must be accompanied by—
(a) the written consent to an intended appeal of
each intended beneficiary of the appeal; or
(b) a written explanat ion of why it is not
practicable to comply with paragraph (a).
(2) If the intended beneficiaries of an intended appeal are the members of an organisation, the written
consent of a duly authorised representative of the
organisation is sufficient compliance with sub-
section (1)(a) with respect to the members of the
organisation.
(3) For the purposes of th is section, a person who will
conduct or administer an intended appeal is not a
beneficiary of the appe al unless the person is
listed under section 18(2)(g)(i) or falls within a
class described under section 18(2)(g)(ii).
18B. Urgent applications S. 18B
inserted by
No. 70/2001
s. 10.
(1) Despite section 18(1), a person may apply to
register as a fundraiser less than 28 days before
the date she or he intend s to start conducting any
fundraising appeal if there are special
circumstances.
(2) In addition to the information required by section 18, an application submitted under this
section must set out those special circumstances.
18C. Application if exemption ceases to apply S. 18C
inserted by
No. 70/2001
s. 10.
(1) This section applies if a person who was exempt
from this Part ceases to be exempt while the
person is conducting a fundraising appeal.

28

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 18C
(2) The person must apply to be registered as a fundraiser within—
(a) 28 days after the exemption ceases to apply
if the cessation is the result of the making of
a new Order under section 16A; or
(b) in any other case, 28 days after the person
becomes aware that the exemption no longer
applies, or will no longer apply (whichever
occurs first).
(3) Section 17A does not ap ply to the person until the
expiry of the relevant period in sub-section (2).
(4) For the purposes of this section, section 18(1) is to be read as if “at least 28 days before the date she
or he intends to start conducting any fundraising
appeal” was omitted.
(5) Sections 18(2), 18A, 19B and 19C apply to an application for registrati on to which this section
applies as if a reference in those sections to a
fundraising appeal to be conducted, or that it is
intended to conduct, or to an intended appeal,
included a reference to the appeal that the person
is conducting.
(6) Section 19A(2) applies to an application for registration to which this section applies as if a
reference in section 19A (2) to a fundraising
appeal that a person may conduct included a
reference to the appeal that the person is
conducting.
(7) Section 19B(4) does not apply to an application
for registration to which this section applies.

29

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 18D
18D. Information concerning applications S. 18D
inserted by
No. 70/2001
s. 10.
(1) The Director may, within 21 days after receiving an application for registration, seek further
information in relation to the application from the
person who submitted the application.
(2) If the Director seeks further information from a person under sub-section (1), the Director may,
within 14 days of receiving the information, seek
further information in relation to the application
from the person.
18E. Director may obtain information from Chief Commissioner of Police S. 18E
inserted by
No. 70/2001
s. 10.
(1) On receiving an application for registration, the Director may ask the Chief Commissioner of
Police to give the Director information
concerning—
(a) the criminal record, if any, of—
(i) any person named in the application;
and
(ii) any person the Director believes, on
reasonable grounds, may be an
associate of the person who submitted
the application; and
(b) any other matter in relation to the application
on which the Chief Commissioner may have
information.
(2) The Chief Commissioner must, not more than 14 days after receiving such a request, give the
requested details to the Director.
(3) The Chief Commissioner must comply with a request made under sub-sect ion (1)(a)(ii) if the
Director states that she or he believes that she or
he has reasonable grounds for making the request.

30

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 18F
18F. Consent to disclosure of information may be required
(1) The Director may require a person submitting an application for registration to provide the Director
with any consent required by another person or
body to enable the Director to obtain from the
other person or body information to check or
confirm any information se t out in the application.
S. 18F
inserted by
No. 70/2001
s. 10.
(2) A reference in this Part to seeking further
information in relation to an application includes a
reference to requiring the provision of any consent
referred to in sub-section (1).
(3) A reference to a consent in this section includes a reference to the consent of a person other than the
person submitting the application.
Note: Sub-section (3), would, for instance, enable the
Director to require a person submitting an application
to obtain the consent to a criminal record check of a
person whom the Director believes on reasonable
grounds is an associate of the person before the
Director makes a final decision on whether or not to
grant the application.
19. Registration as a fundraiser S. 19
substituted by
No. 70/2001
s. 10.
On receiving an application for registration from
a person and after making any enquiries the
Director considers to be appropriate, the Director
may—
(a) register the pers on as a fundraiser; or
(b) refuse to register the person as a fundraiser.
19A. Registration to be refused in certain cases S. 19A
inserted by
No. 70/2001
s. 10.
(1) The Director must not register a person as a
fundraiser if the person, or any person named in
the application as an appeal manager—
(a) is an insolvent under administration or is an
externally-adm inistered body corporate; or

31

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 19A
(b) has been found guilty of a disqualifying
offence within the 10 years immediately
before the application for registration was
lodged; or
(c) is a represented person within the meaning of
the Guardianship and Administration Act
1986; or
(d) was an appeal manager for a fundraising
appeal within the 10 years immediately
before the application for registration was
lodged that was conducted by a person who
was found guilty of a disqualifying offence
within that period.
(2) The Director must not register a person as a fundraiser if, in the opini on of the Director, there
are reasonable grounds to suspect—
(a) that the person (or any person named in the
application who may be involved in any
fundraising appeal that the person may
conduct) will not comply with any provision
of this Act in relation to any fundraising
appeal that the pe rson may conduct; or
(b) that any fundraisi ng appeal that the person
may conduct will not be conducted or
administered in good faith for the purposes
stated to those from whom money will be
sought; or
(c) that any fundraising appeal that the person
may conduct will be contrary to the public
interest.
(3) Despite sub-section (1), the Director may register
a person as a fundraiser ev en though the person or
an appeal manager falls within a category
described in sub-section (1)(b) or (1)(d) if the
Director is satisfied that circumstances exist that
make it appropriate to register the person.

32

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 19B
(4) Despite sub-section (3 ), the Director must not
register a person as a fundra iser if the person or an
appeal manager has been found guilty of an
offence under this Act within the 10 years
immediately before the application for registration
was lodged.
19B. Director may refuse registration in certain cases S. 19B
inserted by
No. 70/2001
s. 10.
(1) The Director may refuse to register a person as a fundraiser if, in the op inion of the Director—
(a) the application for registration contains false
or misleading information; or
(b) there are significant omissions in the
application for registra tion or the application
is incomplete in a significant way; or
(c) the explanation of why the consent of a
beneficiary of an intended appeal has not
been supplied is not adequate or satisfactory;
or
(d) in the case of an intended appeal on behalf of
a class of beneficiary, the description of the
class is too vague, or the class is
insufficiently identified.
(2) The Director may refuse to register a person as a fundraiser if any person na med in the application
as an appeal manager is not, in the opinion of the
Director, a fit and proper person to be associated
with a fundraising appeal.
(3) The Director may refuse to register a person as a fundraiser if any asso ciate of the person—
(a) is an insolvent under administration or is an
externally-adm inistered body corporate; or

33

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 19C
(b) has been found guilty of a disqualifying
offence within the 10 years immediately
before the application for registration was
lodged; or
(c) is not, in the opinion of the Director, a fit and
proper person to be associated with a
fundraising appeal; or
(d) was an appeal manager for a fundraising
appeal within the 10 years immediately
before the application for registration was
lodged that was conducted by a person who
was found guilty of a disqualifying offence
within that period.
(4) The Director may refuse to register a person as a fundraiser—
(a) if the application for registration is submitted
less than 28 days before the date the person
intends to start c onducting a fundraising
appeal; or
(b) if the person complies with section 18B, if
the Director is of the opinion that there are
no special circumstances.
19C. Conditions on registration S. 19C
inserted by
No. 70/2001
s. 10.
In registering a person as a fundraiser, the
Director may impose conditions on the person in
relation to the conduc t by the person—
(a) of fundraising appeals generally; or
(b) of any intended appeal.

34

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 20
20. Duration of registration S. 20
substituted by
No. 70/2001
s. 10.
(1) The registration of a person as a fundraiser remains current—
(a) for 12 months from the date of registration;
or
(b) for any longer period specified by the
Director in a written notice given to the
person on registration—
unless the person is deregistered in accordance
with this Act before that period expires.
(2) The Director may not specify a period under sub- section (1)(b) that is more than 5 years after the
date of registration.
(3) The registration of a person who is deemed to be registered as a fundraiser under section 21 remains
current for 12 months from the date the
registration is deemed to occur, unless the person
is deregistered in accordance with this Act before
that period expires.
20A. Details of registration to be given in the register S. 20A
inserted by
No. 70/2001
s. 10.
(1) On registering a person as a fundraiser, the Director must ensure that the details of the
registration required by th e regulations are placed
in the register.
(2) The Director must specify in the register the period for which the regi stration is to remain
current.

35

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 21
21. Deemed registration if no response within 21 days S. 21
substituted by
No. 70/2001
s. 10.
(1) The Director is deemed to register a person as a fundraiser if—
(a) the person applied to be registered as a
fundraiser in accordance with this Division;
and
(b) the Director does not, within 21 days after
receiving that applic ation, seek further
information under section 18D(1) or refuse
to register the person as a fundraiser.
(2) The Director is also de emed to register a person as
a fundraiser if—
(a) the person applied to be registered as a
fundraiser in accordance with this Division;
and
(b) the Director seeks further information from
the person under section 18D(1); and
(c) the person gives the Director the further
information sought by the Director; and
(d) the Director does not, within 14 days after
receiving that information, give the person
notice of any action ta ken by the Director
under section 18D(2) or 19.
22. Renewal of registration S. 22
substituted by
No. 70/2001
s. 10.
(1) A person may apply to the Director to renew the person’s registration as a fundraiser.
(2) The application—
(a) must be submitted to the Director at least
28 days before the person’s registration is
due to expire; and
(b) must contain any information or consents
required by the regulations.

36

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 23
(3) Sections 18D, 18E, 18F, 19, 19A, 19B, 19C, 20A and 21 apply—
(a) to an application for the renewal of
registration as if it was an application for
registration; and
(b) as if a reference to the date of registration
was a reference to the date of renewal of
registration; and
(c) as if a reference to registration was a
reference to renewal of registration.
23. Director may impose conditions at any time S. 23
substituted by
No. 70/2001
s. 10.
(1) At any time after registering a person as a
fundraiser, the Director may impose conditions
on the person in relation to the conduct by the
person—
(a) of fundraising appeals generally; or
(b) of any fundraising appeal being conducted,
or to be conducted, by the person.
(2) The Director may impose a condition that has immediate effect if, in th e opinion of the Director,
there is a significant risk that an act or omission
may occur that is significantly contrary to the
public interest if the condition did not take effect
immediately.
(3) To impose a condition under this section in any other circumstances, the Director—
(a) must give the regist ered fundraiser a written
notice—
(i) setting out the conditions the Director
wishes to impose and the reasons why
the Director wishes to impose the
conditions; and

37

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 23A
(ii) inviting the registered fundraiser to
comment on the proposed conditions
within a time specifi ed in the notice;
and
(b) must consider any comments made by the
registered fundraiser within the specified
time; and
(c) if the Director decides to impose the
conditions after considering the comments,
must give the register ed fundraiser a second
written notice setting out the conditions and
stating that the conditions apply from the
date specified in the notice.
(4) The Director must not specify a period of less than 7 days for the purposes of sub-section (3)(a)(ii).
(5) The Director must not, under sub-section (3)(c),
specify a date that is before the date the notice
under that sub-section is given to the registered
fundraiser.
(6) The Director may specify conditions in the notice given under sub-section (3)(c ) that differ from the
conditions set out in the notice given under sub-
section (3)(a) if the differences result from
complying with any request made under sub-
section (3)(b) or if the differences are of a minor
nature.
23A. Condition concerning distribution of proceeds S. 23A
inserted by
No. 70/2001
s. 10.
Without limiting section 19C or 23, the Director
may impose a condition requi ring that a registered
fundraiser must ensure that either in any specified
period, or over the course of a fundraising appeal,
a specified percentage of the proceeds of the
appeal must be distributed to the beneficiaries of
the appeal.

38

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 24
Division 2A—Notification of Changes Pt 3 Div. 2A
(Heading and
ss 24–24D)
inserted by
No. 70/2001
s. 10.
S. 24
substituted by
No. 70/2001
s. 10.

24. Change of appeal manager to be notified
(1) In this section, a notifiable event occurs if—
(a) a person listed in an application under
section 18 or 22 as being an appeal manager
for a registered fundraiser ceases to be an
appeal manager for any appeal being
conducted by the registered fundraiser; or
(b) it becomes apparent that a person listed in an
application under section 18 or 22 as being a
person who it is intended will be an appeal
manager for an appeal will not be an appeal
manager for the appeal; or
(c) a person (other than a person listed under
section 18 or 22 as a person who it is
intended will be an appeal manager for an
appeal) becomes an appeal manager for an
appeal being conducted by a registered
fundraiser; or
(d) an appeal manager for an appeal being
conducted by a registered fundraiser ceases
to be an appeal manager for any appeal being
conducted by the registered fundraiser.
(2) The registered fundraise r must notify the Director
in writing of the occurre nce of a notifiable event
within 28 days after the occurrence of the event.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.

39

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 24A
24A. Retention of commercial fundraiser to be notified S. 24A
inserted by
No. 70/2001
s. 10.
(1) This section applies if a registered fundraiser
retains a commercial fundrai ser to administer all
or part of a fundraising a ppeal and the retention of
that commercial fundraiser has not been
mentioned in any application submitted by the
registered fundraiser und er section 18 or 22.
(2) The registered fundraise r must notify the Director
in writing of the retention of the commercial
fundraiser within 28 days after entering into the
retention agreement with the commercial
fundraiser.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
24B. Bankruptcy, convictions etc. to be notified S. 24B
inserted by
No. 70/2001
s. 10.
(1) In this section, a notifiable event occurs if at any
time after a registered fundr aiser is registered, or
has her or his registration renewed—
(a) she or he, or an appeal manager of the
appeal—
(i) becomes an insolvent under
administration or an externally-
administered body corporate; or
(ii) is found guilty of a disqualifying
offence; or
(iii) becomes a represented person within
the meaning of the Guardianship and
Administration Act 1986 ;
(b) one of her or his associates—
(i) becomes an insolvent under
administration or an externally-
administered body corporate; or

40

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 24C
(ii) is found guilty of a disqualifying
offence;
(c) she or he becomes associated with an
associate who—
(i) is an insolvent under administration or
is an externally-administered body
corporate; or
(ii) has been found gu ilty of a disqualifying
offence.
(2) The registered fundraise r must notify the Director
in writing of the occurrence of a notifiable
event—
(a) within 28 days after the occurrence of the
event; or
(b) if the registered fundraiser only becomes
aware of the occurrence of a notifiable event
described in sub-secti on (1)(a) in relation to
an appeal manager, or in sub-section (1)(b),
after it occurs, within 28 days after becoming
aware that the event has occurred.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
24C. Addition of benefi ciaries to be notified S. 24C
inserted by
No. 70/2001
s. 10.
(1) This section applies if a registered fundraiser
decides to conduct a fundraising appeal for the
benefit of any person, th ing, cause or class of
person not previously list ed as a beneficiary by
the registered fundraiser under section 18(2)(g) or
22 when applying for regi stration, or the renewal
of registration, or under this section.

41

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 24D
(2) At least 28 days before conducting any fundraising appeal on behalf of the person, thing,
cause or class, the re gistered fundraiser—
(a) must notify the Director in a form and
manner approved by the Director of the
additional person, thing, cause or class; and
(b) must give the Director—
(i) the written consent of the additional
beneficiary to becoming an intended
beneficiary of the appeal; or
(ii) a written explanation of why it is not
practicable to comply with sub-
paragraph (i).
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(3) If the intended beneficiaries of an appeal are the
members of an organisation, the written consent
of a duly authorised representative of the
organisation is sufficient compliance with sub-
section (2)(b)(i) with re spect to the members of
the organisation.
(4) The Director may waive the 28 day requirement in sub-section (2) in a particular case if the Director
is satisfied that it is reasonable to do so.
24D. Change of contact person to be notified S. 24D
inserted by
No. 70/2001
s. 10.
(1) In this section “contact person” means the
natural person who is no tified as the contact
person for a fundraiser u nder section 18(2)(e) or
under sub-section (2)(b).
(2) If the person nominated as the contact person for a registered fundraiser ceases to act as the contact
person, the registered fundraiser—

42

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 25
(a) must appoint another person to act as the
contact person as soon as is practicable; and
(b) must notify the Director in writing within
7 days of the name and address of the person
appointed.
Penalty: 10 penalty units.
Division 3—Conduct of Appeals
25. Appeals must be conducted in accordance with
conditions imposed and details given S. 25
substituted by
No. 70/2001
s. 11.
(1) In conducting a fundraising appeal, a registered fundraiser must ensure that the appeal is
conducted in accordance with—
(a) any conditions speci fied by the Director
under section 19C or 23; and
(b) any details given to the Director under
section 18 or 22 concerning the conduct of a
fundraising appeal (unle ss a relevant detail
no longer applies as a result of a condition
specified by the Director or the Director has
agreed in writing to the variation or omission
of the relevant detail).
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(2) If the Director has sought further information
under section 18D, a referen ce to any details given
under section 18 or 22 is to be read as a reference
to those details as varied by the further
information.

43

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 26
26. Proceeds may only be given to beneficiaries S. 26
substituted by
No. 70/2001
s. 11.
(1) A person conducting a fundraising appeal must not give, and must not authorise or permit any
other person to give, any of the net proceeds of the
appeal to any person, caus e or thing who is not a
beneficiary of the a ppeal, unless otherwise
permitted by the Director under sub-section (2) or
ordered by the Court under section 35A.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(2) On the application of a person conducting a
fundraising appeal, the Director may permit the
person to give part of the net proceeds of the
appeal to a person who is not a beneficiary if the
Director is of the opinion that there are special
circumstances.
(3) In this section—
“beneficiary” , in relation to a fundraising appeal,
means—
(a) any person, thing, cause or class of
person listed as a beneficiary under
section 18(2)(g) or 22 by the person
conducting the appeal when applying
for registration, or the renewal of
registration, as a fundraiser or under
section 24C(2);
(b) any person who is acting on behalf of
such a person, thing, cause or class of
person;

44

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 27
“net proceeds”, in relation to a fundraising appeal, means the proceeds of the appeal
other than those that have been used to pay
any of the expenses of conducting the
appeal.
27. All appeal money must be banked
(1) This section applies if any money received in the
course of a fundraising app eal is not deposited in
an account held in the name of the sole intended
beneficiary of the appeal.
(2) A person who is conducting a fundraising appeal must ensure that any money received in the course
of the appeal is deposited in an account—
(a) that is used exclusively for money received
in the course of fundraising appeals and that
is held at—
(i) an authorised deposit-taking
institution within the meaning of the
Banking Act 1959 of the
Commonwealth; or S. 27(2)(a)(i)
substituted by
No. 11/2001
s. 3(Sch.
item 28).

* * * * * S. 27(2)(a)
(ii)(iii)
repealed by
No. 11/2001
s. 3(Sch.
item 28).

(iv) any institution that is in a class of
institution that is authorised for the
purposes of this section by the
regulations; and
(b) that has a name that indicates that it contains
fundraising appeal money; and

45

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 28 s. 29
(c) from which it is on ly possible to withdraw
money by a cheque signed by at least
2 people.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(3) If the money received in the course of a fundraising appeal is deposited under sub-
section (2) in an account that is not used
exclusively for money received in the course of
that appeal only, the pe rson who is conducting the
appeal must keep records in relation to the
account that enable the money to be readily
identified as having been received in the course of
the appeal.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(4) The obligations on a person imposed by this section are subject to an y contrary obligations
imposed on the person by the Director under
section 19C or 23. S. 27(4)
amended by
No. 70/2001
s. 12(a).
Division 4—Accounts and Records to be kept
28. Purpose and scope of this Division
The purpose of this Division is to ensure that
adequate information is available to enable
inspectors and members of the public to check
that the proceeds of fundra ising appeals have been
used for the purpose for wh ich they were solicited
or received.

29. Fundraisers must keep certain records and accounts

46

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
(1) A person conducting a fundraising appeal must keep records sufficient to enable a true and fair
view of the income and e xpenditure relating to the
appeal to be ascertained at any given time
including (without limiting this requirement)—
(a) full details of all funds and assets received as
a result of the appeal;
(b) full details of what happened to all those
funds and assets;
(c) full details of—
(i) the amount applied to the purposes or
objects of the appeal and how it was
distributed;
(ii) any expenditure on assets;
(iii) any expenditure on wages, salaries,
commissions and other remuneration in
relation to the appeal;
(iv) any other administrative expenses
related to the appeal;
(v) any other expenditure related to the
appeal;
(d) any other details required by the regulations.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(2) If the appeal is, or was, conducted as part of a national appeal, it is not necessary for the records
to be kept in a way that enables the information
required by sub-section (1 ) that only relates to
Victoria to be identified.

47

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 29
(3) The person conducting the appeal must ensure that the records are kept in a way that enables them to
be conveniently and properly audited.
Penalty: 50 penalty units.
(4) The person conducting the appeal must ensure that
accounts containing a summa ry of the records
required by sub-sections (1 ) and (2) are finalised
within 3 months of—
(a) the date the appeal ends, if the appeal runs
for 12 months or less; or
(b) each anniversary of the start of the appeal, if
the appeal runs for more than 12 months.
Penalty: 50 penalty units.
(5) If the appeal runs for more than 12 months—
(a) the accounts require d by sub-section (4)(b)
are annual accounts; and
(b) once the appeal ends, the person conducting
the appeal must ensure that accounts
covering the period from the last anniversary
of the appeal until the date the appeal ends
are finalised within 3 months of the date the
appeal ends.
Penalty: 50 penalty units.
(6) For the purposes of this section, an appeal ends on
the occurrence of the first of these events— S. 29(6)
substituted by
No. 70/2001
s. 13.
(a) if the appeal is being conducted by a person
who is deregistered as a fundraiser under
Division 7, on the day the deregistration
takes effect;
(b) if the appeal is stopped by an order made by
the Court under secti on 34, on the day the
order takes effect;

48

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 29
(c) in any other case, one month after the last
significant solicitation for money or a benefit
is made in relation to the appeal.
(7) Records relating to any proceeds received after the
date an appeal ends but before the accounts for the
last period of the appeal are finalised must be
included in those accounts.
(8) If the person who conducted an appeal continues to administer any funds or assets received as a
result of an appeal af ter the appeal ends, the
person must ensure that accounts containing a
summary of the records required by sub-sections
(1) and (2) are finalised within 3 months of—
(a) if the appeal ran —
(i) for 12 months or less, each anniversary
of the date the appeal ended; or
(ii) for more than 12 months, each
anniversary after th e first anniversary
of the date the appeal started; or
(b) 30 June in each year—
until the person ceases to ad minister the funds or
assets.
Penalty: 50 penalty units.
(9) A person to whom sub-section (8) applied must
ensure that accounts cont aining a summary of the
records required by sub-s ections (1) and (2) are
finalised within 3 months of the date the last of
the funds or assets ceased to be administered by
the person.
Penalty: 50 penalty units.

49

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 30
30. Other records that fundraisers must keep
(1) A person conducting a fundraising appeal must keep all of the following records—
(a) if a corporation, inco rporated association or
unincorporated organisation is authorised to
participate in the appeal, the name of the
person from that body who is responsible for
overseeing the body’s involvement in the
appeal;
(b) the name and address of each person who
participates in the app eal as a supervisor or
manager;
(c) the name and address of each person who
gained a financial advantage from the appeal
(other than as a person for whose benefit the
appeal was held or other than as a supplier of
goods or services) and details of the reason
for, and nature and amount of, that financial
advantage;
(d) the—
(i) name and address of every person; or
(ii) name or description of every class of
people—
on whose behalf the appeal was made;
(e) copies of the consents required by section
18A(1)(a) (if any); S. 30(1)(e)
amended by
No. 70/2001
s. 12(b).

(f) the dates on which the appeal started and
finished;

50

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 31
(g) any other records required by the regulations.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
(2) The details required by sub-section (1)(c) must be given in respect of a ny commercial fundraiser
involved in the appeal who gained a financial
advantage from the appeal, even if the commercial
fundraiser only supplied goods or services.
31. Where and for how long records are to be stored
(1) A person conducting a fundraising appeal must ensure that any records or accounts that the person
is required to keep under this Part are stored at all
times in Victoria at the address or the registered
office or principal place of business of the person
or of the designated person.
Penalty: 50 penalty units.
(2) The person must also ensure that the records or
accounts are stored at that place for 3 years after
the date the appeal ends.
Penalty: 50 penalty units.
Division 5—Audit of Accounts and Records
32. Director may require a ccounts to be audited
(1) The Director may direct a person who is
conducting, or has conducted, a fundraising
appeal to submit to the Director, within the time
specified by the Director, an auditor’s report on
the accounts and records ke pt in relation to the
appeal. S. 32(1)
amended by
No. 70/2001
s. 24(1)(a).
(2) A person must comply with such a direction.
Penalty: 50 penalty units.

51

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 32
(3) The report must be prepared by—
(a) a registered company auditor within the
meaning of the Corporations Act; or S. 32(3)(a)
substituted by
No. 44/2001
s. 3(Sch.
item 51).

(b) a person approved by the Director in writing
for the purposes of this section. S. 32(3)(b)
amended by
No. 70/2001
s. 24(1)(a).

(4) The report must contain the auditor’s opinion on—
(a) whether the money received as a result of the
appeal has been properly accounted for and
applied; and
(b) whether the records and accounts in respect
of the appeal have been properly kept in
accordance with this Act; and
(c) whether the accounts show a true and fair
view of the income and expenditure relating
to the appeal.
(5) The Director— S. 32(5)
amended by
No. 70/2001
s. 24(1)(a).
(a) may only issue a direction under sub-
section (1) within 3 years of the end of the
appeal; and
(b) must allow the person who is given the
direction a reasonabl e amount of time to
comply with the direction; and
(c) is not liable for any costs in relation to the
audit.
(6) If—
(a) the report of an a uditor under this section
states that a person may have committed an
offence; and

52

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33
(b) that person is prosecuted for the offence and
a court finds the person guilty of, or convicts
the person of, the offence—
the court may, on the application of the person who paid for the auditor’s report, order the
offender to pay to the a pplicant the cost of the
report.
(7) Sections 86(2), (3), (4), (5), (6) and (7) and 87 of the Sentencing Act 1991 apply to sub-section (6)
as if a reference in those sections to an order made
under section 86(1) of that Act was a reference to
an order made under sub-section (6); and
(8) A receipt for the payment of the costs of an auditor’s report that purports to be signed by, or on
behalf, of the person res ponsible for the audit is
evidence of the cost of the report.
Division 6—Public Inspection of Accounts and Records
33. Public may inspect some records
(1) Any person may inspect the accounts required by sections 29(4) and (5) a nd the records required to
be kept by section 30 (other than the records
referred to in sections 30(1)(b) and (c)).
(2) Any person may inspect any auditor’s report prepared under section 32 at any time after a
copy has been given to the Director. S. 33(2)
amended by
No. 70/2001
s. 24(1)(a).
(3) Sub-section (2) applies even if the auditor’s report
contains information that a person is not entitled
to inspect under sub-section (1).
(4) A person who is conducting, or has conducted, a fundraising appeal must make any account or
record that a person is entitled to inspect under
this section available for inspection during normal
business hours within 21 days of receiving—

53

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33A
(a) a written request for the inspection from the
person; and
(b) the fee (if any) re quired by the regulations
for the purposes of this section.
Penalty: 10 penalty units.
(5) The account or record must be made available for
inspection at the principa l place of business in
Victoria of the person who is conducting, or who
conducted, the appeal, unless the person who
wishes to inspect the account or record agrees to a
different venue for the inspection.
(6) It is sufficient compliance with a request for inspection if the person who is conducting, or has
conducted, the fundraising a ppeal gives the person
who made the request a copy of the information
requested.
Division 7—Deregistration of Fundraisers Pt 3 Div. 7
(Heading and
ss 33A–33M)
inserted by
No. 70/2001
s. 14.

33A. Director may deregister fundraiser S. 33A
inserted by
No. 70/2001
s. 14.
The Director may deregister a person as a
fundraiser if—
(a) the Court orders th at any fundraising appeal
being conducted, or proposed to be
conducted, by the person be stopped; or
(b) the Director is sati sfied that the registration
was obtained by fraud or on the basis of the
supply of false, misleading or incomplete
information; or
(c) the Director is satisfied, in relation to a
fundraising appeal being conducted by the
person—

54

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33A
(i) that the person (or any person assisting
the person to conduct or administer the
appeal) has failed, with respect to the
appeal, to comply w ith any provision of
this Act; or
(ii) that the appeal is not being, or will not
be, conducted or administered in good
faith for the purposes stated to those
from whom money was, is being, or
will be, sought; or
(iii) that—
(A) the person falls within one of the
categories listed in section
19A(1); or
(B) an appeal manager for the appeal
falls within one of the categories
listed in section 19A(1) or 19B(2);
or
(C) an associate of the person falls
within one of the categories listed
in section 19B(3)—
(unless the Director knew that the
person, appeal manager or associate fell
within that category at the time the
person conducting the appeal gave the
Director details of the person, appeal
manager or associate); or
(iv) that the conduct of the appeal should be
stopped in the public interest; or
(d) the Director is satisfied, in relation to a
fundraising appeal that the person is
conducting, or intends to conduct, on behalf
of a class of beneficiar y, that the description
of the class is too vague, or that the class is
insufficiently identified; or

55

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33B
(e) the Director is satisfied that it is not in the
public interest for th e person to conduct a
fundraising appeal; or
(f) in the case of an incorporated association
that was not incorporated in Victoria, that the
association has not complied with section
64B(5).
33B. Process for expedited deregistration S. 33B
inserted by
No. 70/2001
s. 14.
(1) If the Director deregisters a person as a fundraiser under section 33A(a) or 33A (f), she or he must
give the person a written notice—
(a) stating that the Di rector has decided to
deregister the person as a fundraiser; and
(b) stating when the de registration takes effect.
(2) If the Director deregisters a person as a fundraiser
under section 33A(a), she or he must also include
details of the Court order in the notice.
(3) The Director must not, under sub-section (1)(b),
specify that the deregistra tion is to take effect
before the notice is given to the person.
33C. Process for other deregistration S. 33C
inserted by
No. 70/2001
s. 14.
(1) Before deregistering a person as a fundraiser under section 33A(b), 33A(c), 33A(d) or 33A(e),
the Director—
(a) must give the person a written notice—
(i) stating that the Director is considering
whether to deregister the person and the
reasons why the Director is considering
deregistering the person; and
(ii) inviting the person to make, within the
time specified in the notice, a
submission in relation to whether or not
the Director should deregister the
person; and

56

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33D
(b) must consider any submission made by the
person within the specified time; and
(c) if the Director decides to deregister the
person after considering the comments, must
give the person a second written notice
stating that the person is deregistered from
the date specified in the notice.
(2) The Director must not specify a period of less than 7 days for the purposes of sub-section (1)(a)(ii).
(3) The Director must not, under sub-section (1)(c),
specify a date that is less than 28 days after the
date the notice under that sub-section is given to
the person.
(4) If the Director deregisters a person, she or he must ensure that the details of the deregistration
required by the regulations are noted in the
register.
33D. Action to be taken on deregistration S. 33D
inserted by
No. 70/2001
s. 14.
If the Director deregisters a person as a
fundraiser, on the deregistration taking effect the
person—
(a) must stop any fundraising activities that the
person was undertaking immediately before
the deregistration took effect and must not
undertake any new fundraising activities; and
(b) must not, without the Director’s written
consent, pay out, or ot herwise distribute or
deal with, any asset ob tained as a result of
any fundraising appeal that the person
conducted while registered as a fundraiser;
and

57

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33E

(c) must give the Direct or an inventory of the
assets of any fundraising appeal being
conducted by the person within 3 working
days after the withdraw al takes effect; and
(d) subject to paragraph (b), must ensure that
any assets obtained as a result of the appeal
are distributed as soon as is practicable to the
intended beneficiaries of the appeal.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
33E. Additional obligations of deregistered commercial
fundraisers S. 33E
inserted by
No. 70/2001
s. 14.
(1) This section applie s if the person who is
deregistered as a fundraiser—
(a) is a commercial fundraiser; and
(b) was administering all or part of a fundraising
appeal at the time the person was
deregistered.
(2) On the deregistration ta king effect, in addition to
complying with secti on 33D the person must—
(a) immediately advise the person conducting
the appeal of the deregistration; and
(b) subject to section 33D(b), as soon as is
practicable transfer to that person all the
assets of the appeal that are to be transferred
on the ending of the appeal to that person
under the agreement governing their
relationship in respect of the appeal.

58

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33F

33F. Additional obligation on person using commercial fundraiser
(1) This section applies if, immediately before a person was deregistered as a fundraiser, a
commercial fundraiser reta ined by that person was
administering all or part of a fundraising appeal
on behalf of that person.
S. 33F
inserted by
No. 70/2001
s. 14.
(2) On the deregistration taking effect the person who was deregistered must also—
(a) advise the commer cial fundraiser of the
deregistration; and
(b) require the commercial fundraiser to transfer
to the person all the assets of the appeal that
are to be transferred on the ending of the
appeal to the person under the agreement
governing their relationshi p in respect of the
appeal.
33G. Restriction on f undraisers if notice of
deregistration given S. 33G
inserted by
No. 70/2001
s. 14.
(1) This section applies if a person is given a notice
under section 33C(1)(c), but the notice is not yet
in effect.
(2) Despite anything to the contrary in section 33J(4)
or 33L, the person must not , without the Director’s
written consent, pay out, or otherwise distribute or
deal with, any asset obta ined as a result of any
fundraising appeal that the person conducted
while registered as a fundraiser.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.

59

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33H

(3) Sub-section (2) ceases to apply if—
(a) the notice under section 33C(1)(c) takes
effect; or
(b) the notice is withdrawn; or
(c) the Victorian Civ il and Administrative
Tribunal cancels or ot herwise revokes the
notice.
Note: Once the notice under s ection 33(1)(c) takes effect,
section 33D governs what the person must do.
(4) Nothing in this section affects section 33D.
33H. Action to be taken if registration expires S. 33H
inserted by
No. 70/2001
s. 14.
If a person’s registration as a fundraiser expires
and is not renewed, sections 33D, 33E and 33F
apply as if a reference in those sections to the
deregistration of a person as a fundraiser was a
reference to the expiry of the registration.
33I. Change of circumstance affects power to deregister S. 33I
inserted by
No. 70/2001
s. 14.
(1) This section applies if—
(a) the Director is entitl ed to deregister a person
as a fundraiser on the basis of the status of,
or any action taken by, a relevant associate,
appeal manager, or assistant; and
(b) before a notice is issued under section
33C(1)(c)—
(i) the associate ceases to be an associate
of the registered fundraiser; or
(ii) the appeal manager ceases to be an
appeal manager for the appeal; or
(iii) the assistant ceases to be involved in
the appeal, or in appeals conducted by
the registered fundraiser.

60

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33J

(2) The Director may not de register the person, solely
on the ground that the former associate, appeal
manager or assistant was i nvolved in the appeal or
appeals.
33J. Person may apply for review of Director’s decision S. 33J
inserted by
No. 70/2001
s. 14.
(1) A person may apply to the Victorian Civil and Administrative Tribuna l for a review of a
decision of the Director—
(a) to refuse to register the person as a
fundraiser;
(b) to impose conditions, or any particular
condition, on the conduct of an appeal under
section 19C or 23;
(c) to seek further information from the person;
(d) to refuse to renew a person’s registration as a
fundraiser;
(e) to deregister a person as a fundraiser.
(2) An application for revi ew must be made within
28 days after the later of—
(a) the day the person is given written notice of
the decision that the person wishes to have
reviewed;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
(3) Any written notice that the Director gives a person
of any decision referred to in sub-section (1) must
contain a copy of this section.

61

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33K

(4) If a person applies for the review of any decision
of the Director listed in sub-section (1)(d) or
(1)(e) within the time specified in sub-section (2),
the decision of the Director is stayed until the
application for review is affirmed, abandoned or
dismissed.
33K. Certain actions not subject to review S. 33K
inserted by
No. 70/2001
s. 14.
Despite anything to the c ontrary in section 33J, a
decision by the Director to deregister a person as a
fundraiser under section 33A (a) or 33A(f) is not
subject to review by th e Victorian Civil and
Administrative Tribunal.
33L. Automatic extension of notice of deregistration S. 33L
inserted by
No. 70/2001
s. 14.
(1) This section applies if—
(a) a person is given a notice under section
33C(1)(c); and
(b) the person, under the Victorian Civil and
Administrative Tribunal Act 1998,
requests a statement of reasons for the
decision to issue the notice within 28 days
after notice of the decisi on is given to her or
him.
(2) The date specified in the notice as the date the notice is to take effect is extended by virtue of this
sub-section until 28 days after the day on which—
(a) the statement of reasons is given to the
person; or
(b) the person is informed under section 46(5) of
that Act that a statement of reasons will not
be given—
whichever occurs first.

62

Part 3—Provisions Applying to Particular Fundraising Appeals Only

Fundraising Appeals Act 1998
Act No. 78/1998
s. 33M

33M. Automatic reversal if Court order quashed etc. S. 33M
inserted by
No. 70/2001
s. 14.
(1) This section applies if—
(a) the Director deregisters a person as a
fundraiser under section 33A(a); and
(b) the Court order on which the Director’s
action was based is quashed, lapses or is
withdrawn.
(2) On the quashing, lapsing or withdrawal of the order, by virtue of this section, the person who
was the subject of the dere gistration is deemed to
be registered as a fundrai ser for the remainder of
the current registration period.
(3) A reference in this section to a current period is a reference to the period in which the deregistration
took effect.
(4) If this section applies, the Director must ensure that the register is amended accordingly.
_______________

63

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 34
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
(1) The Court may order a person to stop conducting a fundraising appeal and any associated activities,
or any activities relating to a proposed fundraising
appeal, if it is satisfied—
(a) that the person (or any person assisting in
conducting or administering the appeal or
proposed appeal) has failed, with respect to
the appeal or proposed appeal, to comply
with any provision of this Act or any
condition imposed by the Minister under this
Act; or
(b) that the appeal or proposed appeal is not
being, or will not be, conducted or
administered in good faith for the purposes
stated to those from whom money was, is
being, or will be, sought; or
(c) that the appeal or proposed appeal should be
stopped in the public interest; or S. 34(1)(c)
amended by
No. 70/2001
s. 15(1).

(d) that the person (or any person assisting in
conducting or administering the appeal or
proposed appeal) uses fundraising practices
or activities that may bring public
fundraising into disrepute; or S. 34(1)(d)
inserted by
No. 70/2001
s. 15(2).
(e) that any registrati on obtained under this Act
in relation to the appeal was obtained by
fraud or on the basis of the supply of false,
misleading or incomplete information; or S. 34(1)(e)
inserted by
No. 70/2001
s. 15(2).

64

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 34
(f) in respect of an appeal conducted by a
registered fundraiser— S. 34(1)(f)
inserted by
No. 70/2001
s. 15(2).
(i) that the registered fundraiser—
(A) is an insolvent under
administration or is an externally-
administered body corporate; or
(B) has been found guilty of a
disqualifying offence since
becoming registered as a
fundraiser; or
(C) is a represented person within the
meaning of the Guardianship
and Administration Act 1986 ; or
(ii) that an appeal manager of the appeal—
(A) falls within one of the categories
listed in paragraph (f)(i); or
(B) is not a fit and proper person to be
associated with the appeal; or
(C) was an appeal manager for a
fundraising appeal within the
10 years immediately before the
application for the order was filed
that was conducted by a person
who was found guilty of a
disqualifying offence within that
period; or
(iii) that an associ ate of the registered
fundraiser falls w ithin one of the
categories listed in section 19B(3)—
unless the Director knew that the registered
fundraiser, appeal manager or associate fell
within that category at the time the registered
fundraiser gave the Dire ctor details of the
registered fundraiser, appeal manager or
associate.

65

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 34
(2) The Court may order a person to stop any particular activity associ ated with a fundraising
appeal or a proposed fundr aising appeal if it is
satisfied—
(a) that the activity does not comply with a
provision of this Act or a condition imposed
by the Minister or th e Director under this
Act; or S. 34(2)(a)
amended by
No. 70/2001
s. 15(3)(a).
(aa) that the activity may bring public fundraising
into disrepute; or S. 34(2)(aa)
inserted by
No. 70/2001
s. 15(3)(b).

(b) that the activity should be stopped in the
public interest.
(3) The Court may make an order, or revoke an order, under this section on th e application of the
Minister or the Director. S. 34(3)
amended by
No. 70/2001
s. 15(4).
(4) In making an order, the Court— S. 34(4)
substituted by
No. 70/2001
s. 15(5).
(a) may specify that the order is to take effect
immediately;
(b) must, in any other case, specify the date on
which the order is to take effect;
(c) may provide that the order is to lapse before
it takes effect if certain conditions set out in
it are met;
(d) may impose restrictions on how the assets of
the appeal are to be di stributed or dealt with;
(e) may stay all or part of the order;
(f) may make any conse quential order it thinks
is necessary to give effect to the order.

66

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 35
(5) If the Court makes an order under this section in relation to a person who is exempt from all or part
of Part 3, the Court may include in its Order a
declaration that the exem ption (or part of the
exemption) is not to apply to the person for a
specified period.
(6) If the Court exercises its powers under sub-section (5), the exemption (or pa rt of the exemption)
specified in the Order does not apply to the person
during the period specified under that sub-section.
35. Court may make a temporary order without notice
(1) The Court may make a temporary order under
section 34 without giving the person against
whom the order is sought an opportunity to be
heard if it is satisfied—
(a) that there are reasonable grounds for
believing that the application under
section 34 might be successful; and
(b) that having regard to all the relevant
circumstances, the public interest will be best
served by the making of the order.
(2) In making an order under this section the Court—
(a) must specify the date on which the order
expires; and
(b) must not specify an expiry date that is more
than 30 days after the date it makes the
order.
(3) The Court may extend an order made under this section, but only if it ha s started to hear the
application under section 34 to which the order
relates.
(4) The Court may extend an order under sub- section (3) until it gives its decision on the
application.

67

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 35A
35A. Court may make orders concerning distribution of appeal assets S. 35A
inserted by
No. 70/2001
s. 16.
(1) This section applies if—
(a) all the intended bene ficiaries of a fundraising
appeal refuse to accept the assets offered to
them as a result of the appeal; or
(b) all the intended bene ficiaries of a fundraising
appeal no longer exist or cannot be found
after all reasonable e nquiries have been
made; or
(c) a question or dispute arises as to how any or
all of the assets received as a result of a
fundraising appeal are to be distributed.
(2) The Director may apply to the Court for an order
directing how the assets are to be distributed.
(3) The Court may make any order concerning the distribution of the assets that it thinks is
appropriate having regard to the stated purpose of
the appeal.
(4) The Court may make any consequential order it thinks is necessary to give effect to any order that
it makes under sub-section (3).
36. Court may make orders concerning wrongly obtained assets
(1) This section applies if—
(a) assets are obtained as a result of a
fundraising appeal that was, or is being,
conducted or administered in contravention
of this Act; or
(b) assets that were obtained as a result of a
fundraising appeal were not, or are not being,
applied for the purposes stated to the people
from whom the assets were obtained.

68

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 36
(2) The Minister or the Director may apply to the Court for an order in rela tion to the retrieval and
disposal of the assets. S. 36(2)
amended by
No. 70/2001
s. 24(1)(b).
(3) The Court may make any order concerning the retrieval and disposal of the assets that it thinks is
appropriate having regard to the stated purpose of
the appeal.
(4) However, the Court may only make an order in respect of an asset if it is satisfied—
(a) that sub-section (1) applies; and
(b) that the asset can be traced back (whether
directly or indirectly) to the assets that were
obtained as a result of the appeal; and
(c) in the case of an asset that is an object, that
the asset is not held by a person who
obtained it in good faith and for value.
(5) The Court may make any consequential order it thinks is necessary to give effect to any order that
it makes under sub-section (3).
(6) Without intending to li mit sub-section (5), the
Court—
(a) may order that a specified asset is not to be
disposed of, or otherwise dealt with, by any
person except in the manner and
circumstances specified in the order; and
(b) if the Court considers that the circumstances
so require, may direct a specified trustee to
take control of the asset.

69

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 37
37. Minister or Director may refer question to Court for answer
(1) At any time the Minister or the Director may refer to the Court any question as to whether— S. 37(1)
amended by
No. 70/2001
s. 24(1)(b).
(a) a particular person in relation to a
fundraising appeal—
(i) is conducting (or administering or
participating in) or has conducted (or
administered or participated in) the
appeal; or
(ii) is or was exempt from the Act, or a part
of the Act; or
(iii) has provided accurate information in
any application, notice or statement
required by or under this Act; or
(iv) has in any other respect complied or
failed to comply with the provisions of
this Act;
(b) a fundraising appeal being, or to be,
conducted is or is not in the public interest.
(2) Any finding of fact, or of mixed fact and law, that
the Court makes in response to an application
under this section is admi ssible as evidence of the
relevant fact in any proceedings against a person
for an offence against this Act.
(3) Sub-section (2) does not apply to a finding that is
quashed, or that is subs tituted by another finding,
on appeal or review.
(4) If a finding of fact, or of mixed fact and law, is substituted by another finding on appeal or
review, sub-section (2) a pplies to the substituted
finding as if it had been made by the Court.

70

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 38
38. Form of reference
(1) A reference under section 37 must be in writing and must be lodged with the registrar and must
state the question or matters to be determined by
the Court.
(2) The registrar must send a copy of the reference to each party other than the Minister or the
Director (as the case may be), and must notify
each party of the time and place fixed by the
registrar for the hearing of the reference. S. 38(2)
amended by
No. 70/2001
s. 24(1)(c).
Division 2—Procedure and Conduct of Matters under this Part
39. Powers of Court
(1) Subject to this Part, the Magistrates’ Court Act
1989 and the Rules made under that Act apply
to all applications and re ferences by the Minister
or the Director to th e Court under this Act. S. 39(1)
amended by
No. 70/2001
s. 24(1)(b).
(2) The Court in hearing an application, or dealing
with a reference, under this Act may do anything
that it may do in the exercise of its civil
jurisdiction.
40. Evidentiary provisions
(1) Despite anything to the contrary in the
Magistrates’ Court Act 1989 and the Rules made
under that Act, evidence before the Court on the
hearing of an application or a reference may be
given in writing, or partly in writing, and may be
given by a statutory declaration.
(2) However, the Court must not receive evidence from any person who is not available for cross-
examination, unless each party to the hearing
consents to it doing so.
(3) Any consent given under sub-section (2) forms part of the record of the Court.

71

Part 4—Powers of the Court

Fundraising Appeals Act 1998
Act No. 78/1998
s. 41
41. Appearance of parties
Despite anything to th e contrary in the
Magistrates’ Court Act 1989 and the Rules made
under that Act, a party (inc luding a corporation) to
an application or a reference may appear by any
other person authoris ed by that party.
42. Determination of Court
If the Court makes a determination, it must, unless
all parties to the matter otherwise agree, give to
each party to the matter within a reasonable time
of making the determination a statement in writing
of its reasons for the determination.
43. Effect of determination S. 43
amended by
No. 70/2001
s. 24(1)(b).
If a determination made by the Court requires any
act or thing to be done by the Minister or the
Director (other than th e payment of costs), the
Minister or the Director must do the act or thing
within 5 working days of the day on which the
Minister or the Director receives a copy of the
determination.
_______________

72

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 44
PART 5—ENFORCEMENT PROVISIONS
Division 1—General Enforcement Provisions Pt 5 Div. 1
(Heading)
inserted by
No. 103/2004
s. 45.

44. Minister or Director may demand information
(1) The Minister or the Director may require a person to give her or him any information or
documents that the Minister or the Director
considers necessary to determine whether that or
any other person— S. 44(1)
amended by
No. 70/2001
s. 17(a)(b).
(a) has complied with a provision of this Act;
(b) is, or has been at any time, required by law
to comply with a provision of this Act;
(c) is or might be conducting or administering,
or has or might have conducted or
administered, a fundraising appeal;
(d) is, or was, exempt fr om the provisions of this
Act.
(2) The Minister or the Director must make the requirement in a written notice that identifies the
information or document and that specifies— S. 44(2)
amended by
No. 70/2001
s. 17(a).
(a) by when the requirement must be complied
with; and
(b) in what form the information or document
is to be given to the Minister or the
Director. S. 44(2)(b)
amended by
No. 70/2001
s. 17(b).

(3) The notice must also state that the requirement is made under this section and must include a
copy of this section and section 60. S. 44(3)
amended by
No. 70/2001
s. 17(c).

73

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 46
(4) A person must comply with any requirement made by the Minister or the Di rector under this section,
unless the person has a reasonable excuse for not
doing so. S. 44(4)
amended by
No. 70/2001
s. 17(b).
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
* * * * * S. 45
repealed by
No. 17/1999
s. 33(2).

46. Searches to monitor compliance with this Act
(1) In this section, “relevant premises” means any
premises—
(a) on or from which it appears a fundraising
appeal is being conducted or administered;
or
(b) that an inspector believes, on reasonable
grounds, contains any reco rd or account that
is required to be kept by this Act, or any
document that indicates whether or not this
Act has been complied with.
(2) An inspector may enter any relevant premises at any reasonable hour in the daytime and at any
time that the premises is open for business and
may—
(a) inspect the premises and any thing on the
premises;
(b) search for any evidence of any contravention
of this Act;
(c) make copies of, or take extracts from, any
document kept on the premises;

74

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 47
(d) seize any thing on the premises if the
inspector believes on re asonable grounds that
it is necessary to seize the thing in order to
prevent its concealment, loss or destruction;
(e) use any assistants the inspector considers
necessary to exercise the powers conferred
by this section.
(3) An inspector may exercise powers under this section only to the extent that it is reasonably
necessary to do so for the purpose of determining
compliance with this Act.
(4) An inspector may not continue to exercise any
powers under this section if she or he fails to
produce, on request, her or his identity card for
inspection by the occupier of the land.
(5) An inspector may not, under this section, enter a residence unless the occupi er of the residence has
consented in writing to the entry and the carrying
out of a search.
47. Offence-related searches and seizures
(1) An inspector may only exercise powers under this section if she or he has reasonable grounds for
suspecting that there is on any premises a
particular thing that may be evidence of the
commission of an offence under this Act.
(2) The inspector, with any assistants she or he considers necessary, may with the consent in
writing of the occupier of the premises, enter the
premises and search for th e thing without applying
for a search warrant.

75

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 48
(3) If the thing is found during a search under sub- section (2), the inspector may—
(a) inspect any thing on the premises;
(b) inspect, and make copies of, or take extracts
from, the thing;
(c) seize the thing if the inspector believes on
reasonable grounds that it is necessary to
seize it in order to prevent its concealment,
loss or destruction.
48. Occupier to be given copy of consent
(1) An occupier who consents in writing to the entry and search of her or his premises or residence
under section 46 or 47 must be given a copy of the
signed consent immediately.
(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
the contrary is proved, th at the occupier did not
consent to the entry and search.
49. Search warrant
(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular
premises if the inspec tor believes on reasonable
grounds that there is, or may be within the next
72 hours, on the premises a particular thing that
may be evidence of the commission of an offence
under this Act.
(2) If a magistrate is sati sfied that there are reasonable
grounds for suspecting that there is, or may be
within the next 72 hours, on the premises a
particular thing that may be evidence of the
commission of an offence under this Act, the
magistrate may issue a search warrant authorising
an inspector named in the warrant and any
assistants the inspector considers necessary—

76

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 50
(a) to enter the premises, or the part of premises,
named or described in the warrant; and
(b) to search for and seize any thing named or
described in the warrant.
(3) In addition to any other requirement, a search warrant issued under this section must state—
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(4) A search warrant must be issued in accordance with the Magistrates’ Court Act 1989 and must
be in the form set out in the regulations under that
Act.
(5) Subject to any provision to the contrary in this
Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates’
Court Act 1989 extend and apply to warrants
under this section.
50. Announcement before entry
(1) Before executing a search warrant, the inspector named in the warrant or a person assisting the
inspector must announce that she or he is
authorised by the warrant to enter the premises
and give any person at the premises an
opportunity to allow entry to the premises.

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Fundraising Appeals Act 1998
Act No. 78/1998
s. 51
(2) The inspector or a pers on assisting the inspector
need not comply with sub-section (1) if she or he
believes on reasonable grounds that immediate
entry to the premises is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
51. Copy of warrant to be given to occupier
If the occupier or another person who apparently
represents the occupier is present at a premises
when a search warrant is being executed, the
inspector must—
(a) identify herself or himself to that person by
producing her or his identity card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
52. Receipt must be given for any thing seized
(1) An inspector may not seize a thing, apparently in the possession or custody of a person, unless she
or he makes out and tenders to the person a receipt
for the thing seized that—
(a) identifies the thing; and
(b) states the name of the inspector and the
reason why the thing is being seized.
(2) If an inspector is unable to discover the identity of
the owner or custodian of any thing seized, the
inspector must leave the receipt with, or post it to,
the owner of the premises from which the thing
was seized.

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Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 53
53. Copies of certain seized things to be given
(1) If an inspector seizes—
(a) a document; or
(b) a thing that can be readily copied; or
(c) a storage device the information in which
can be readily copied—
the inspector must give a copy of the thing or
information to the owner or custodian of the
document, thing or device as soon as practicable
after the seizure.
(2) Sub-section (1) does not apply—
(a) to any document, thing or device moved
under section 54(2); or
(b) if the inspector is unable to discover the
identity of the owner or custodian of any
document, thing or device seized.
54. Use of equipment to ex amine or process things
(1) An inspector may bring on to a premises any
equipment reasonably necessary for the
examination or processing of things found at the
premises in order to determine whether they are
things that may be seized.
(2) If—
(a) it is not practicable to examine or process the
things at the premises; or
(b) the occupier of the premises consents in
writing—
the things may be moved to another place so that
the examination or processing can be carried out
in order to determine whet her they are things that
may be seized.

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Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 55
(3) The inspector, or a pe rson helping the inspector,
may operate equipment already at the premises to
carry out the examination or processing of a thing
found at the premises in order to determine
whether it is a thing that may be seized, if the
inspector or person help ing believes on reasonable
grounds that—
(a) the equipment is suitable for the examination
or processing; and
(b) the examination or processing can be carried
out without damage to the equipment or the
thing.
55. Use or seizure of electronic equipment at premises
(1) If—
(a) a thing found at a premises is or includes a
disk, tape or other device for the storage of
information; and
(b) equipment at the premises may be used with
the disk, tape or other storage device; and
(c) the inspector believ es on reasonable grounds
that the information st ored on the disk, tape
or other storage devi ce is relevant to
determine whether this Act has been
contravened—
the inspector or a person assisting the inspector
may operate, or may require the occupier or an
employee of the occupier to operate, the
equipment to access the information.
(2) If the inspector or a person assisting the inspector
finds that a disk, tape or other storage device at
the premises contains information of the kind
referred to in sub-section (1)(c), she or he may—
(a) put the information in documentary form and
seize the documents so produced; or

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Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 56
(b) copy the information to another disk, tape or
other storage device and remove that storage
device from the premises; or
(c) if it is not practicable to put the information
in documentary form nor to copy the
information, seize the disk, tape or other
storage device and the equipment that
enables the information to be accessed.
(3) An inspector or a person assisting an inspector must not operate or seize equipment for the
purpose mentioned in th is section unless the
inspector or person assisting believes on
reasonable grounds that the operation or seizure of
the equipment can be carried out without damage
to the equipment.
56. Compensation for damage caused during inspections
(1) The Minister must pay compensation for any damage caused by an inspector, or a person
assisting an inspector, in exercising (or purporting
to exercise) any power conferred by this Act.
(2) However, the Minister is not liable to pay
compensation for any damage caused during any
inspection that reveals that there has been a
contravention of this Act.
(3) In determining the amount of compensation payable in relation to any damage caused to
electronic equipment, rega rd is to be had to
whether the occupier of the premises and the
employees and agents of the occupier, if they were
available at the time, had provided any warning or
guidance as to the operati on of the equipment that
was appropriate in the circumstances.

81

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 57
57. Return of seized things
(1) If an inspector seizes a thing under this Act, the inspector must take reasonable steps to return the
thing to the person from whom it was seized if the
reason for its seizure no longer exists.
(2) If the thing has not b een returned before the end
of the retention period, th e inspector must take
reasonable steps to return it unless—
(a) proceedings have commenced within the
retention period and those proceedings
(including any appeal) have not been
completed; or
(b) a court makes an order under section 58
extending the retention period.
58. Court may extend period
(1) An inspector may apply to the Court within the retention period or with in a period extended by
the Court under this section for an extension of
that period.
(2) The Court may order such an extension if satisfied that retention of the thing is necessary—
(a) for the purposes of an investigation into
whether an offence has been committed; or
(b) to enable evidence of an offence to be
obtained for the purposes of a prosecution.
(3) The Court may adjourn an application to enable notice of the application to be given to any person.

82

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 59
59. Power of inspector to require information or documents
(1) An inspector who—
(a) exercises a power of entry under this Act;
and
(b) produces her or hi s identity card for
inspection by a person—
may, to the extent that it is reasonably necessary
to determine whether this Act has been
contravened, require the person to give
information to the inspector, to produce
documents to the inspector and to give reasonable
assistance to the inspector.
(2) A person must not refuse or fail, without reasonable excuse, to comply with a requirement
made under sub-section (1).
Penalty: 200 penalty units.
(3) A person must not, in response to a request under
this Division—
(a) give information that the person knows to be
false or misleading in a material detail; or
(b) produce a document that the person knows to
be false or misleading in a material detail
without indicating the respect in which it is
false or misleading and, if practicable,
providing correct information.
Penalty: 300 penalty units.
60. Protection against self-incrimination
(1) A person is not excused from giving information,
producing a document or doing any other thing
that the person is requir ed to do by or under this
Act on the ground that the information, the
production of the document or the doing of the
other thing would tend to incriminate the person.

83

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 61
(2) However, if a person claims, before giving any information, producing any document or doing
any other thing, that the information, the
production of the document or the doing of the
other thing might tend to incriminate the person,
the information, document or evidence of the
doing of the thing is not admissible in evidence
against the person in criminal proceedings, other
than in proceedings in resp ect of the falsity of the
information.
61. Inspectors etc. must not disclose information
(1) A person must not disclose any information that is
obtained by her or him while exercising a power
conferred by this Act.
Penalty: 200 penalty units.
(2) A person must not use any such information to
obtain directly or indirectly any pecuniary
advantage for herself or himself or for any other
person.
Penalty: 200 penalty units.
(3) However, a person may disclose or use such
information if—
(a) the disclosure or use is made in the
performance of a duty under, or in
connection with, this Act; or
(b) the person has the consent of the person to
whom the information relates; or
(c) the disclosure or use is made in legal
proceedings at the direction of a court; or
(d) the information is in the public domain at the
time it is disclosed or used.
(4) Sub-section (3) is not intended to interfere with
any rights another person may have with regard to
the disclosure or use of the information.

84

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 61A
61A. Director may order distribution of assets S. 61A
inserted by
No. 70/2001
s. 18.
(1) This section applies if—
(a) the Court orders a person to stop
conducting a fundraising appeal under
section 34; or
(b) the Director deregisters as a fundraiser a
person who is conducting a fundraising
appeal; or
(c) the registration of a person as a fundraiser
expires while the person is conducting a
fundraising appeal.
(2) The Director may orde r the person to distribute,
within the time specified by the Director, any
assets received during the course of the appeal to
the beneficiaries of the appeal.
(3) The order—
(a) must be made by written notice given to the
person; and
(b) must set out the time within which the
distribution must be made; and
(c) must contain a copy of this section.
(4) The person must comply with an order made
under this section.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
61B. Director may appoint an administrator S. 61B
inserted by
No. 70/2001
s. 18.
(1) This section applies if any of the circumstances
listed in section 61A(1) exist in relation to a
fundraising appeal.

85

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 61C
(2) If, in the opinion of the Director it is appropriate
to do so, the Director may appoint an
administrator—
(a) to wind up the appeal; or
(b) to exercise the Director’s functions in
relation to consenting to the disbursement of
the assets of the appeal.
(3) An administrator appointed under sub-section (2)(a) may—
(a) take possession of all assets associated with
the appeal; and
(b) prepare any accounts required by this Act in
relation to the appeal; and
(c) distribute assets of the appeal to the
beneficiaries of the appeal; and
(d) do anything else that is necessary to wind up
the appeal.
(4) The costs of the admi nistrator under this section
are to be defrayed from the assets of the appeal.
Division 2—Infringement Notices Pt 5 Div. 2
(Heading and
ss 61C–61K)
inserted by
No. 103/2004
s. 46.

61C. Definition S. 61C
inserted by
No. 103/2004
s. 46.
In this Division—
“authorised officer” means—
(a) an inspector;
(b) a member of the police force;
(c) a person authorised in writing by the
Director.

86

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 61D
61D. Power to serve a notice S. 61D
inserted by
No. 103/2004
s. 46.
(1) An authorised officer may serve an infringement
notice on any person that he or she has reason to
believe has committed an offence against a
provision of this Act that is specified in the
Schedule.
(2) An infringement notice may be served on a person—
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the person
at the person’s last known place of residence
or business.
61E. Form of notice S. 61E
inserted by
No. 103/2004
s. 46.
An infringement notice must be in a form
approved by the Director and must set out—
(a) the date of the notice;
(b) the provision of this Act that creates the
offence;
(c) the date, time and place of the alleged
offence;
(d) the nature and a br ief description of the
alleged offence;
(e) the infringement penalty for the alleged
offence set out in the regulations;
(f) the manner in which the infringement
penalty may be paid;
(g) the time (not being less than 28 days after the
date on which the notice is served) within
which the infringement penalty must be paid;

87

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 61F
(h) that, if the amount of the infringement
penalty is paid before the end of the time
specified in the notice, the matter will not be
brought before the Magistrates’ Court unless
the notice is withdrawn within 28 days after
the date on which it was served;
(i) that the person is entitled to disregard the
notice and defend any proceedings in respect
of the alleged offence in the Magistrates’
Court;
(j) any other prescribed particulars.
61F. Late payment of penalty S. 61F
inserted by
No. 103/2004
s. 46.
An authorised officer may accept payment of the
infringement penalty even after the expiration of
the time for payment stated in the infringement
notice if—
(a) neither a charge has been filed nor a courtesy
letter served under Part 2 of Schedule 7 to
the Magistrates’ Court Act 1989 in respect
of the offence to which the infringement
penalty relates; and
(b) the infringement notice has not been
withdrawn.
61G. Withdrawal of notice S. 61G
inserted by
No. 103/2004
s. 46.
(1) A member of the police force may withdraw an infringement notice issued by a member of the
police force under this Division within 28 days
after it was served.
(2) The Director may withdraw an infringement notice issued by any other authorised officer under
this Division within 28 days after it was served.
(3) The withdrawal of an infringement notice is to be effected by serving a withdrawal notice on the
person on whom the infringement notice was
served.

88

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 61H
(4) If the penalty sought in the infringement notice has been paid before th e notice is withdrawn, the
amount of the penalty must be refunded on the
notice being withdrawn, and the Consolidated
Fund is, to the necessary extent, appropriated
accordingly.
(5) Proceedings for the offence in respect of which the infringement notice has been served may still
be taken or continued de spite the withdrawal of
the notice.
61H. Payment expiates offence S. 61H
inserted by
No. 103/2004
s. 46.
If an infringement notice is not withdrawn and
the infringement penalty is paid within the time
specified in the notice or payment is accepted in
accordance with section 61F, then—
(a) the person on whom the notice was served
has expiated the offence by that payment;
and
(b) no proceedings may be taken against that
person in respect of that offence; and
(c) no conviction is to be taken to have been
recorded against that person for the
offence.
S. 61I
inserted by
No. 103/2004
s. 46.
61I. Application of penalty
(1) An infringement penalty paid under this Division must be applied in the same way as a
fine paid under an order of a court made on an
offender being convicted or found guilty of the
offence to which the infringement penalty relates.
(2) The payment of an infringement penalty under this Division is not and must not be taken to be—
(a) an admission of guilt in relation to the
offence; or

89

Part 5—Enforcement Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 61J
(b) an admission of liability for the purpose of
any civil claim or proceeding arising out of
the same occurrence, and the payment does
not in any way affect or prejudice any such
claim or proceeding.
(3) The payment of an infringement penalty under this Division must not be referred to in any report
provided to a court for the purpose of determining
sentence for any offence.
61J. Prosecution after service of infringement notice S. 61J
inserted by
No. 103/2004
s. 46.
A charge may be filed in respect of an offence to
which an infringement notice relates if—
(a) the infringement penalty has not been paid
within the time for pa yment specified in the
notice or in accordance with section 61F; or
(b) the notice is withdrawn.
61K. Enforcement of infringement penalty S. 61K
inserted by
No. 103/2004
s. 46.
Payment of the infringement penalty may be
enforced in accordance with Part 2 of Schedule 7
to the Magistrates’ Court Act 1989 if—
(a) the infringement notice is an infringement
notice within the meaning of Schedule 7 to
that Act; and
(b) the infringement penalty has not been paid
within the time specified in the notice or in
accordance with section 61F; and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in accordance
with section 61J.
_______________

90

Part 6—Miscellaneous Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 62
PART 6—MISCELLANEOUS MATTERS
62. False statements
A person must not make any false statement or
give any false information in an application,
notice or other document provided under this Act.
Penalty: In the case of a corporation,
240 penalty units.
In any other case, 120 penalty units or
imprisonment for 12 months or both.
63. Role of designated person
In the case of a person who is an incorporated association or an unincor porated organisation, for
the purposes of this Act—
(a) any requirement can be made of the
association or organisation; and
(b) any notice or other document can be given to
the association or organisation—
by making it of, or giving it to, the designated person of the associat ion or organisation.
64. Change of designated person
(1) An incorporated association or an unincorporated
organisation that has appointed a designated
person may replace that person with another
natural person.
(2) The replacement of a designated person takes effect when the Director is given written notice
of the name and address of the replacement. S. 64(2)
amended by
No. 70/2001
s. 24(1)(a).

(3) A person remains the designated person of an association or organisation until—

91

Part 6—Miscellaneous Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 64A s. 64B
(a) the Director is given a notice under sub-
section (2); or S. 64(3)(a)
amended by
No. 70/2001
s. 24(1)(a).

(b) the person gives the Director a written notice
of resignation signed by the person. S. 64(3)(b)
amended by
No. 70/2001
s. 24(1)(a).

64A. Appointment and role of responsible person S. 64A
inserted by
No. 70/2001
s. 19.
(1) This section only appl ies to an incorporated
association that was not in corporated in Victoria.
(2) A person may only be appointed as the
responsible person of an incorporated association
if she or he is a natural person and is a member of
the governing body of the association.
(3) The appointment of a person as a responsible
person only takes effect on the person signing a
written consent to the appointment that also states
the obligations imposed on a responsible person
by this Act and the maximum penalty that applies
if those obligations are not met.
(4) A person who is notified as the responsible person under section 18(2)(k) on behalf of an
incorporated association must ensure that the
association complies with all the obligations
placed on the association by this Act.
Penalty: 120 penalty units.
(5) It is a defence to a ch arge under sub-section (4) if
the person charged proves that she or he took all
reasonable steps to ensure that the association
complied with all the obligations placed on it by
this Act.
64B. Change of responsible person S. 64B
inserted by
No. 70/2001
s. 19.
(1) An incorporated associ ation that has appointed a
responsible person may re place that person with
another person.

92

Part 6—Miscellaneous Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 66
(2) The replacement of a responsible person takes effect when the Director receives—
(a) written notice of the name and address of the
replacement; and
(b) the consent required by section 64A(3)
signed by the replacement.
(3) A person remains the responsible person of an association until—
(a) the person is replaced in accordance with
sub-section (2); or
(b) the person gives the Director a written notice
of resignation signed by the person.
(4) A person does not cease to be the responsible person of an association merely by ceasing to be a
member of the governing body of the association.
(5) If a person appointed as the responsible person of
an association resigns, the association must
replace that person not more than 7 days after the
resignation takes effect.
65. Presumption concerning the service of documents by post
(1) If a document under this Act is sent by prepaid post to an address, th e document is to be
presumed for the purposes of this Act to have
been received at that address at the time at which
the document would have been delivered in the
ordinary course of post.

(2) Sub-section (1) does no t apply if the relevant
court or tribunal is satisfied that the document was
not received at the address at that time on the
basis of evidence presented by, or on behalf of, a
person seeking to displace the presumption.
66. Continuing offences

93

Part 6—Miscellaneous Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 67
(1) The Minister or the Director or an inspector may give a person a notice— S. 66(1)
amended by
No. 70/2001
s. 24(1)(b).
(a) stating that in her or his opinion the person is
engaging in conduct th at constitutes an
offence under this Act; and
(b) requesting the person to take specified action
to stop the offence from continuing; and
(c) specifying a date by when the specified
action must be taken.
(2) The notice must—
(a) specify the provisions in respect of which it
is issued; and
(b) contain a brief description of the grounds on
which it is based; and
(c) contain a copy of this section.
(3) If the person fails to comply with a notice given
under this section, the pe rson is guilty of an
offence for each day the offence in respect of
which the notice was given continues after the
date specified under sub-section (1)(c).
Penalty: One tenth of the pena lty that applies in
respect of the offence for each day the
offence continues after the date
specified under sub-section (1)(c).
(4) Sub-section (3) does no t apply if the offence in
respect of which the noti ce was given is not found
proven.
67. Extended time for prosecutions
Despite anything to the c ontrary in any Act, a
proceeding for an offence against this Act may be
commenced within 3 years after the date on which
the offence is alleged to have been committed.

94

Part 6—Miscellaneous Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 69
68. Application of Fair Trading Act 1999 S. 68
substituted by
No. 103/2004
s. 47.
(1) Sections 106HA, 143 and 144 and Division 2 of Part 11 (except sections 151A, 151B, 151C
and 153) of the Fair Trading Act 1999 extend
and apply (with any necessary modifications) to
this Act as if any reference in those provisions to
the Fair Trading Act 1999 were a reference to
this Act.
(2) For the purposes of sub- section (1), section 154 of
the Fair Trading Act 1999 applies as if a
reference to prescribed proceedings were a
reference to—
(a) proceedings for an offence against a
provision of this Act (except Part 5); or
(b) proceedings on an application for an
injunction under sec tion 149, 149A or 150 of
the Fair Trading Act 1999 (as applied by
sub-section (1)) agains t a person alleged to
have contravened a provision of this Act
(except Part 5); or
(c) proceedings on an application for an order
under section 158, or for damages under
section 159, of the Fair Trading Act 1999
(as applied by sub-section (1)).

69. Delegation by Minister and Director S. 69
(Heading)
inserted by
No. 70/2001
s. 24(1)(d).
(1) The Minister may, in writing, delegate to any officer or employee of the public service any of
the powers conferred on her or him by this Act,
other than this pow er of delegation.
S. 69
amended by
No. 70/2001
s. 24(2) (ILA
s. 39B(1)).

(2) The Director may, in writing, delegate to any
officer or employee of the public service any of S. 69(2)
inserted by
No. 70/2001
s. 24(2).

95

Part 6—Miscellaneous Matters

Fundraising Appeals Act 1998
Act No. 78/1998
the powers conferred on her or him by this Act,
other than this pow er of delegation.
70. Judicial notice concerning authorisations S. 70
amended by
No. 70/2001
s. 24(1)(e).
All courts and people authorised by law or the
consent of parties to rece ive evidence must take
judicial notice of the sign ature of the Minister, the
Director and any delegate of the Minister or the
Director on any document.
70A. Register S. 70A
inserted by
No. 70/2001
s. 20.
(1) The Director must maintain a register for the purposes of this Act.
(2) The Director must ensure that the register contains
any details concerning fundraising appeals
required by this Act.
(3) The register may contain—
(a) the name and contact details of registered
fundraisers, any person designated as a
contact person by a fundraiser and any
designated person; and
(b) details of fundraisi ng appeals that are being,
or that are intended to be conducted, by
registered fundraisers;
(c) details of the beneficiaries on whose behalf
fundraising appeals are being, or are
intended to be, conducted;
(d) in relation to a particular person or
organisation, details of the proportion of the
proceeds raised in fundraising appeals by the
person or organisation that have been passed
on to the beneficiaries of the appeals
(regardless of whether this information
relates to current a ppeals or not); and
(e) any other information permitted by the
regulations.

96

Part 6—Miscellaneous Matters

Fundraising Appeals Act 1998
Act No. 78/1998
s. 70B s. 71
(4) A person may inspect the register at any time that the office in which the register is kept is open for
business.
(5) The Director may publish the register, or any details in the register, in any manner or form that
the Director consider s to be appropriate.
(6) The Director may amend the register at any time
to correct any mistakes in the register.
70B. Public information statements S. 70B
inserted by
No. 70/2001
s. 20.
(1) If satisfied that it is in the public interest to do so, the Minister or the Director may make a
public statement or issue a public warning about
any of the following—
(a) fundraising practices or activities, or any
person or class of person engaging in those
practices or activities;
(b) income and expenditure details relating to a
particular fundraising appeal;
(c) the percentage of the proceeds raised in a
particular fundraising appeal that have been
distributed to the intended beneficiaries of
the appeal;
(d) any other matter that adversely affects, or
that may adversely affect , the interests of the
public concerning the collection or
distribution of fundraising proceeds.
(2) The statement or warning may identify a particular person.
71. Regulations
(1) The Governor in Counc il may make regulations—
(a) prescribing the form of any notice,
application, permit, requ est, order, direction
or other form or instrument to be made or
given under this Act;

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Act No. 78/1998
s. 71
(b) exempting a person or a class of people from
having to comply with any or all of the
requirements of this Act and imposing
conditions in relation to such exemptions;
(c) prescribing labelling and record-keeping
requirements for clothing bins;
(d) requiring a person conducting a fundraising
appeal to which Part 3 applies to ensure that
any record or account required by Part 3
complies with specified requirements or
standards;
(da) prescribing matters that must, or that may, be
included in the register; S. 71(1)(da)
inserted by
No. 70/2001
s. 21.

(e) prescribing all matters that by this Act are
required or permitted to be prescribed or are
necessary or convenient to be prescribed for
carrying out or giving ef fect to this Act.

(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstance; and
(c) may impose a penalty of up to 20 penalty
units for any breach of the regulations; and
(d) may confer a discretionary authority or
impose a duty on a person or a class of
people;
(e) may apply, adopt or incorporate any matter
contained in any document whether—

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(i) wholly or partially or as amended by
the regulations; or
(ii) as in force at a particular time or as in
force from time to time.
(3) Regulations made under sub-section (1)(c) may impose requirements that override the general
requirements of this Act concerning labelling or
record-keeping.
_______________

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Part 7—Transitional Provisions

Fundraising Appeals Act 1998
Act No. 78/1998
s. 72

PART 7—TRANSITIONAL PROVISIONS Pt 7
(Heading)
inserted by
No. 70/2001
s. 22.

72. Transitional provision
(1) Any consent, direction, permit, notice, request, requirement or document given under the
Fundraising Appeals Act 1984 that—
(a) was in force immediately before this section
came into operation; and
(b) that has an equivalent under this Act—
is deemed to have been given under this Act.
(2) Any fundraising appeal that was being conducted
in accordance with all applicable laws
immediately before the date this section came into
operation may continue to be conducted for
12 months after that date as if the Fundraising
Appeals Act 1984 had not been repealed and as if
this Act was not in force.
72A. Transitional provisi on relating to inspectors S. 72A
inserted by
No. 17/1999
s. 34.
(1) An inspector appointed under the Fair Trading
Act 1999 may continue and complete any
proceedings under this Act commenced or made
by or against or in relati on to a former inspector
and existing immediately before the
commencement day.
(2) In this section—
“commencement day” means the day of
commencement of section 34 of the Fair
Trading (Inspectors Powers and Other
Amendments) Act 1999 ;
“former inspector” means a person authorised
under section 45 of this Act as in force
before the commencement day.

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Act No. 78/1998
s. 73
73. Repeal of former Act
(1) The Fundraising Appeals Act 1984 is repealed .
(2) In section 4(c) of the Second-Hand Dealers and
Pawnbrokers Act 1989 , for “1984” substitute
“1998”.
74. Registration as fundraiser not required in certain cases S. 74
inserted by
No. 70/2001
s. 23.
(1) This section applies to a person who was conducting a fundraising appeal with the consent
or deemed consent of the Minister, or under a
permit issued by the Minister, immediately before
section 23 of the Fundraising Appeals
(Amendment) Act 2001 came into operation.
(2) Despite anything to th e contrary in Part 3, the
person may continue to conduct the appeal until
the expiry of the cons ent or permit even though
the person is not registered as a fundraiser.
(3) The register may contain—
(a) the name and contact details of any person to
whom this section applies; and
(b) details of the appeal that the person is
conducting that are equivalent to the details
that the register may contain in relation to
appeals conducted by registered
fundraisers.
S. 75
inserted by
No. 70/2001
s. 23.
75. Temporary continuation of exemptions
A person or organisation that was exempted
from all or any of Part 3 by regulations in force
under section 16(2) immediately before the date
section 23 of the Fundraising Appeals
(Amendment) Act 2001 came into operation
continues to be exempted from all or any of that
Part (as the case may be) for 12 months after that
date, unless an Order made under section 16A
otherwise provides.

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__________________

102

Fundraising Appeals Act 1998
Act No. 78/1998

SCHEDULE Sch.
inserted by
No. 103/2004
s. 48.

INFRINGEMENT OFFENCES
Section 9(1) Section 29(8)
Section 14(2) Section 29(9)
Section 14(3) Section 31(1)
Section 24D(2) Section 31(2)
Section 29(3) Section 32(2)
Section 29(4) Section 33(4)
Section 29(5)
__________________
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

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Endnotes

ENDNOTES

1. General Information
Minister’s second reading speech—
Legislative Assembly: 30 April 1998
Legislative Council: 6 October 1998
The long title for the Bill for this Act was “to regulate fundraising appeals, to
repeal the Fundraising Appeals Act 1984 and for other purposes.”
The Fundraising Appeals Act 1998 was assented to on 10 November 1998
and came into operation as follows:
Sections 1 and 2 on 10 November 1998: section 2(1); rest of Act on 1 July
1999: section 2(3)

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Fundraising Appeals Act 1998
Act No. 78/1998
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Fundraising Appeals
Act 1998 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998,
No. 52/1998
Assent Date: 2.6.98
Commencement Date: S. 311(Sch. 1 item 109) on 31.12.99 s. 2(3)
Current State: This information relates only to the provision/s
amending the Fundraising Appeals Act 1998
Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999
Assent Date: 18.5.99
Commencement Date: Ss 33, 34 on 1.9.99: Government Gazette 19.8.99
p. 1901
Current State: This information relates only to the provision/s
amending the Fundraising Appeals Act 1998
Statute Law Amendment (Authorised De posit-taking Institutions) Act 2001,
No. 11/2001
Assent Date: 8.5.01
Commencement Date: S. 3(Sch. item 28) on 1.6.01: s. 2(2)
Current State: This information relates only to the provision/s
amending the Fundraising Appeals Act 1998
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01
Commencement Date: S. 3(Sch. item 51) on 15.7.01: s. 2
Current State: This information relates only to the provision/s
amending the Fundraising Appeals Act 1998
Fundraising Appeals (Amendment) Act 2001, No. 70/2001
Assent Date: 7.11.01
Commencement Date: 1.1.02: Government Gazette 13.12.01 p. 3061
Current State: All of Act in operation
Electoral Act 2002, No. 23/2002
Assent Date: 12.6.02
Commencement Date: S. 192 on 1.9.02: Government Gazette 29.8.02 p. 2333
Current State: This information relates only to the provision/s
amending the Fundraising Appeals act 1998
Fair Trading (Amendment) Act 2003, No. 30/2003
Assent Date: 27.5.03
Commencement Date: S. 86 on 28.5.03: s. 2(1)
Current State: This information relates only to the provision/s
amending the Fundraising Appeals act 1998

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Fundraising Appeals Act 1998
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Endnotes
Gambling Regulation Act 2003, No. 114/2003
Assent Date: 16.12.03
Commencement Date: S. 12.1.3(Sch. 6 item 5) on 1.7.04: Government
Gazette 1.7.04 p.1843
Current State: This information relates only to the provision/s
amending the Fundraising Appeals Act 1998
Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004
Assent Date: 21.12.04
Commencement Date: Ss 45–48 on 22.12.04: s. 2(1)
Current State: This information relates only to the provision/s
amending the Fundraising Appeals Act 1998
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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Endnotes
3. Explanatory Details
No entries at date of publication.

107