Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007

i Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007 S.R. No. 10/2007 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Insertion of new regulation 12 and Schedule 1 1 12 Infringement penalties 1 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2007 S.R. No. 10/2007 Fundraising Appeals Act 1998 Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 27 February 2007 Responsible Minister: DANIEL ANDREWS Minister for Consumer Affairs RUTH LEACH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Fundraising Appeals Regulations 1999 to prescribe penalties for infringement offences under the Fundraising Appeals Act 1998. 2 Authorising provision These Regulations are made under section 71 of the Fundraising Appeals Act 1998. 3 Insertion of new regulation 12 and Schedule 1 After regulation 11 of the Fundraising Appeals Regulations 1999 1 insert— "12 Infringement penalties (1) For the purposes of section 61D(3) of the Act, the infringement penalty for an offence against a provision specified in Column 2 of Schedule 1 is the relevant amount prescribed -- 2 of 6 -- S.R. No. 10/2007 Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007 2 in Column 4 of Schedule 1 in respect of that offence. (2) A description of an offence in Column 3 of Schedule 1 is not to be taken to affect— (a) the nature or elements of the offence to which the description refers; or (b) the operation of these Regulations. __________________ SCHEDULES SCHEDULE 1 PRESCRIBED INFRINGEMENT PENALTIES Column 1 Column 2 Column 3 Column 4 Item Provision of Act Description Amount prescribed 1. s. 9(1) Failure of person conducting or participating in fundraising appeal to wear identification badge 2·5 penalty units 2. s. 14(2) Failure of person being paid to participate in fundraising appeal to disclose that they are being paid before seeking a donation 2·5 penalty units 3. s. 14(3) Failure of person being paid to participate in fundraising appeal to disclose that they are being paid before offering to sell anything 2·5 penalty units 4. s. 24D(2) Failure of registered fundraiser to appoint a contact person and notify Director within 7 days of appointment 2·5 penalty units r. 3 -- 3 of 6 -- S.R. No. 10/2007 Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007 3 Column 1 Column 2 Column 3 Column 4 Item Provision of Act Description Amount prescribed 5. s. 29(3) Failure of person conducting fundraising appeal to ensure that the records are kept in a way that enables them to be conveniently and properly audited 12·5 penalty units 6. s. 29(4) Failure of person conducting appeal to ensure that accounts summarising records finalised within 3 months of end of appeal or end of 12 months from start of appeal 12·5 penalty units 7. s. 29(5) Failure of person conducting appeal to ensure that accounts prepared annually and last accounts finalised within 3 months of end of appeal 12·5 penalty units 8. s. 29(8) Failure of person who continues to administer funds or assets after appeal ends to ensure accounts finalised within 3 months of end of year 12·5 penalty units 9. s. 29(9) Failure of person who continues to administer funds or assets after appeal ends to ensure accounts finalised within 3 months of end of administration 12·5 penalty units 10. s. 31(1) Failure of person conducting appeal to ensure records stored at registered office or principal place of business 12·5 penalty units 11. s. 31(2) Failure of person conducting appeal to ensure records kept for 3 years after end of appeal 12·5 penalty units 12. s. 32(2) Failure of person to comply with direction to submit auditor's report to Director 12·5 penalty units r. 3 -- 4 of 6 -- S.R. No. 10/2007 Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007 4 Column 1 Column 2 Column 3 Column 4 Item Provision of Act Description Amount prescribed 13. s. 33(4) Failure of person conducting appeal to make account or record available for inspection within 21 days of receiving written request and fee (if any) 2·5 penalty units ". ═══════════════ r. 3 -- 5 of 6 -- S.R. No. 10/2007 Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007 5 ENDNOTES 1 Reg. 3: S.R. No. 83/1999. Reprint No. 1 as at 14 April 2005. Reprinted to S.R. No. 106/2002. Endnotes -- 6 of 6 --