Fundraising Appeals (Amendment) Regulations 2002

i Fundraising Appeals (Amendment) Regulations 2002 S.R. No. 65/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Regulations 1 5. Consequential amendment to Objectives 2 6. Definitions 2 7. Identifying badges 2 8. Labelling requirements for clothing bins 3 9. Consequential amendment 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2002 S.R. No. 65/2002 Fundraising Appeals Act 1998 Fundraising Appeals (Amendment) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 13 August 2002 Responsible Minister: CHRISTINE CAMPBELL Minister for Consumer Affairs HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Fundraising Appeals Regulations 1999 to vary the requirements for identifying badges and the labelling of clothing bins and to make consequential amendments. 2. Authorising provisions These Regulations are made under section 71 of the Fundraising Appeals Act 1998. 3. Commencement These Regulations come into operation on 1 October 2002. 4. Principal Regulations In these Regulations, the Fundraising Appeals Regulations 1999 1 are called the Principal Regulations. -- 2 of 7 -- S.R. No. 65/2002 Fundraising Appeals (Amendment) Regulations 2002 2 5. Consequential amendment to Objectives In regulation 1 of the Principal Regulations paragraph (c) is revoked. 6. Definitions In regulation 4 of the Principal Regulations insert the following definition— ' "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);'. 7. Identifying badges (1) In regulation 6 of the Principal Regulations— (a) before "For" insert "(1)"; (b) in paragraph (a) omit "and contact telephone number"; (c) paragraph (b) is revoked; (d) for paragraph (d) substitute— "(d) if the identifying badge is to be worn by a collector who solicits or receives money or a benefit from a person who is occupying a motor vehicle while it is on a road, an identification number issued by the person or organisation conducting the fundraising appeal.". (2) At the end of regulation 6 of the Principal Regulations insert— "(2) All information required to be displayed on an identifying badge by section 9 of the Act and sub-regulation (1) must— (a) only contain lettering or numbers with a height not less than 4 millimetres; and r. 5 -- 3 of 7 -- S.R. No. 65/2002 Fundraising Appeals (Amendment) Regulations 2002 3 (b) if handwritten, all lettering must be in capitals. (3) Any other information placed on an identifying badge must be no greater in height than the information referred to in sub-regulation (2). (4) If a person or organisation issues more than one identification number in accordance with sub-regulation (1)(d) for the purposes of a fundraising appeal— (a) the identification numbers must be sequential; and (b) a record of each number and the collector to whom it relates must be made and retained by the person or organisation that issued them for a minimum period of 3 months after the fundraising appeal for which the badge is to be worn has ended.". 8. Labelling requirements for clothing bins For regulations 7(1) and 7(2) of the Principal Regulations substitute— '(1) If one or more clothing bins are used in the course of a fundraising appeal to receive donations for the purposes of the fundraising appeal, the person or organisation conducting the appeal must ensure that the label on each clothing bin— (a) is clearly and prominently displayed on the front of the clothing bin in an area other than on the opening through which donations are deposited; r. 8 -- 4 of 7 -- S.R. No. 65/2002 Fundraising Appeals (Amendment) Regulations 2002 4 (b) is comprised of information containing lettering or numbers— (i) with a height not less than 3⋅5 centimetres in the case of information required in accordance with section 10(1) of the Act, being the name of the appeal or the name of the person or organisation conducting the appeal, and the person or class of persons or causes or things on whose behalf the appeal is being conducted; and (ii) with a height not less than 1⋅5 centimetres for all other information; and (c) if the person or organisation used one or more clothing bins for the purpose of receiving donations in the previous financial year, is comprised of information setting out— (i) the total amount of funds raised in the previous financial year as a result of donations to clothing bins used by the person or organisation; (ii) the percentage of the funds raised as a result of donations to the clothing bins in the previous financial year that were paid to any persons for collecting, processing or selling of the donations to the clothing bins; or (d) if the person or organisation did not use a clothing bin for the purposes of receiving donations in the previous r. 8 -- 5 of 7 -- S.R. No. 65/2002 Fundraising Appeals (Amendment) Regulations 2002 5 financial year, is comprised of information setting out— (i) an estimate of the total amount of funds expected to be raised in the current financial year as a result of donations to clothing bins used by the person or organisation; (ii) an estimate of the percentage of the funds expected to be raised in the current financial year as a result of donations to the clothing bins that will be paid to persons for collecting, processing or selling of the donations to the clothing bins. Penalty: 20 penalty units. (2) A person or organisation must not include the words "charity collection bin" or words with the same or similar meaning on their clothing bins unless the person or organisation that is conducting the fundraising appeal for which the clothing bin is being used— (a) has been endorsed as an income tax exempt charity by the Australian Taxation Office of the Commonwealth of Australia; and (b) retains ownership and control of the donations made to the clothing bin until their disposal. Penalty: 20 Penalty units.'. 9. Consequential amendment Regulation 8 of the Principal Regulations is revoked. ═══════════════ r. 9 -- 6 of 7 -- S.R. No. 65/2002 Fundraising Appeals (Amendment) Regulations 2002 6 ENDNOTES 1 Reg. 4: S.R. No. 83/1999 as amended by S.R. No. 144/2001. Endnotes -- 7 of 7 --