Fundraising Appeals (Amendment) Act 2001

i Fundraising Appeals (Amendment) Act 2001 Act No. 70/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Changes to definitions 2 4. Additional reference provisions 4 5. Modification of exemption 5 6. Meaning of "conduct" a fundraising appeal 5 7. Insertion of sections 6A and 6B 6 6A. Meaning of "associate" 6 6B. Interpretation of "public interest" 6 8. Exemptions from registration 7 9. Insertion of sections 16A and 16B 7 16A. Other exemptions from this Part 7 16B. Exemption does not cover commercial fundraisers 9 10. Substitution of Division 2 of Part 3 9 Division 2—Registration of Fundraisers 9 17. Meaning of "intended appeal" 9 17A. Fundraisers must be registered 9 18. Application for registration as a fundraiser 10 18A. Consent of intended beneficiaries also needed 13 18B. Urgent applications 14 18C. Application if exemption ceases to apply 14 18D. Information concerning applications 15 18E. Director may obtain information from Chief Commissioner of Police 16 18F. Consent to disclosure of information may be required 16 19. Registration as a fundraiser 17 19A. Registration to be refused in certain cases 17 19B. Director may refuse registration in certain cases 19 19C. Conditions on registration 20 20. Duration of registration 21 20A. Details of registration to be given in the register 21 21. Deemed registration if no response within 21 days 22 22. Renewal of registration 23 23. Director may impose conditions at any time 23 23A. Condition concerning distribution of proceeds 25 -- 1 of 58 -- Section Page ii Division 2A—Notification of Changes 25 24. Change of appeal manager to be notified 25 24A. Retention of commercial fundraiser to be notified 26 24B. Bankruptcy, convictions etc. to be notified 27 24C. Addition of beneficiaries to be notified 28 24D. Change of contact person to be notified 29 11. Substitution of sections 25 and 26 30 25. Appeals must be conducted in accordance with conditions imposed and details given 30 26. Proceeds may only be given to beneficiaries 31 12. Minor consequential amendments 32 13. Operative date for preparation of final accounts 32 14. Insertion of Division 7 into Part 3 33 Division 7—Deregistration of Fundraisers 33 33A. Director may deregister fundraiser 33 33B. Process for expedited deregistration 35 33C. Process for other deregistration 35 33D. Action to be taken on deregistration 36 33E. Additional obligations of deregistered commercial fundraisers 37 33F. Additional obligation on person using commercial fundraiser 38 33G. Restriction on fundraisers if notice of deregistration given 38 33H. Action to be taken if registration expires 39 33I. Change of circumstance affects power to deregister 39 33J. Person may apply for review of Director's decision 40 33K. Certain actions not subject to review 41 33L. Automatic extension of notice of deregistration 41 33M. Automatic reversal if Court order quashed etc. 42 15. Power of Court to stop appeals 43 16. Insertion of section 35A 45 35A. Court may make orders concerning distribution of appeal assets 45 17. Power to require information 46 18. Insertion of sections 61A and 61B 46 61A. Director may order distribution of assets 46 61B. Director may appoint an administrator 47 19. Insertion of sections 64A and 64B 48 64A. Appointment and role of responsible person 48 64B. Change of responsible person 49 20. Insertion of sections 70A and 70B 50 -- 2 of 58 -- Section Page iii 70A. Register 50 70B. Public information statements 51 21. Additional regulation-making power 52 22. Creation of new Part 52 23. Insertion of sections 74 and 75 52 74. Registration as fundraiser not required in certain cases 52 75. Temporary continuation of exemptions 53 24. Changes to references to the Minister 53 ═══════════════ ENDNOTES 55 -- 3 of 58 -- 1 Fundraising Appeals (Amendment) Act 2001† [Assented to 7 November 2001] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Fundraising Appeals Act 1998— (a) to establish a registration system for certain fundraisers; and Victoria No. 70 of 2001 -- 4 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 2 (b) to impose restrictions in relation to who may have managerial or financial responsibility for a fundraising appeal; and (c) to enable the issue of public statements and warnings in relation to fundraising appeals; and (d) to generally improve the operation of that Act. 2. Commencement (1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2002, it comes into operation on that day. 3. Changes to definitions In section 3 of the Fundraising Appeals Act 1998, insert the following definitions— ' "appeal manager", in relation to a fundraising appeal, means a person who has any managerial or financial responsibility for the appeal; "associate" has the meaning set out in section 6A; "Director" means the Director of Consumer and Business Affairs; "disqualifying offence" means— (a) an offence involving fraud, dishonesty, violence or drug trafficking that is punishable by imprisonment for s. 2 -- 5 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 3 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; "insolvent under administration" means— (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; "register" means the register required by section 70A; s. 3 -- 6 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 4 "registered fundraiser" means a person who is registered as a fundraiser by the Director under Division 2 of Part 3; "responsible person" means the responsible person named for the purposes of section 64A by an incorporated person under section 18(2)(k) or 64B;'. 4. Additional reference provisions After section 4(6) of the Fundraising Appeals Act 1998 insert— "(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. (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. (9) A reference in this Act to the registration of a person as a fundraiser includes a reference to the deemed registration of the person as a fundraiser. (10) A reference to assets obtained as a result of a fundraising appeal includes, in so far as the reference relates to a particular point of time, a reference to any assets that are received in relation to the appeal after that time. (11) The provisions of this section are subject to any contrary intention in any other section of this Act.". s. 4 -- 7 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 5 5. Modification of exemption For section 5(3)(c) of the Fundraising Appeals Act 1998 substitute— "(c) the soliciting or receipt of any money or benefit by, or on behalf of, an organisation from a person— (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;". 6. Meaning of "conduct" a fundraising appeal For sections 6(3) and 6(4) of the Fundraising Appeals Act 1998 substitute— "(3) If a person who conducts a fundraising appeal retains a commercial fundraiser to administer all or part of the appeal, a reference in this Act to the person conducting the appeal is a reference— (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 s. 5 -- 8 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 6 (b) to the commercial fundraiser in respect of any aspect of the appeal that is being administered by the commercial fundraiser; and (c) to the person in respect of any other aspect of the appeal.". 7. Insertion of sections 6A and 6B After section 6 of the Fundraising Appeals Act 1998 insert— '6A. Meaning of "associate" 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 opinion 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. 7 -- 9 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 7 8. Exemptions from registration In section 16 of the Fundraising Appeals Act 1998— (a) in sub-section (1), for "(1) This" substitute "Subject to section 16B, this"; (b) after sub-section (1)(b) insert— "(ba) a kindergarten that employs a pre-school teacher (as defined in the Pre-school Teachers and Assistants (Leave) Act 1984);" (c) sub-sections (2), (3) and (4) are repealed. 9. Insertion of sections 16A and 16B After section 16 of the Fundraising Appeals Act 1998 insert— '16A. Other exemptions from this Part (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 declare, by Order published in the Government Gazette— (a) that a specified person or organisation, or a specified sub-class of person or organisation, falls within a class created by an Order made under sub- section (1); s. 8 -- 10 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 8 (b) that a specified person 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. (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 with sub-section (5) does not affect the operation or effect 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 s. 9 -- 11 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 9 (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 cover commercial fundraisers (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 respect of the appeal.'. 10. Substitution of Division 2 of Part 3 For Division 2 of Part 3 of the Fundraising Appeals Act 1998 substitute— 'Division 2—Registration of Fundraisers 17. Meaning of "intended appeal" In this Division, "intended appeal" means any fundraising appeal that a person applying to be registered as a fundraiser intends, at the time of submitting the application, to conduct if the person is registered as a fundraiser. 17A. Fundraisers must be registered Subject to Division 1, a person must not conduct a fundraising appeal unless she or he is registered by the Director as a fundraiser. Penalty: In the case of a corporation, 240 penalty units. s. 10 -- 12 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 10 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. 18. Application for registration as a fundraiser (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 intends 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 registered 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 purposes of this Act as the designated person of the organisation; s. 10 -- 13 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 11 (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; (g) either— (i) the name of every person on whose behalf the person intends 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 applied 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; s. 10 -- 14 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 12 (ii) the date on which it is intended to conduct, or start, the appeal; (iii) the form of the appeal; (i) if applicable, details (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 name and address of that commercial fundraiser or other person; (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 combine to be registered as a fundraiser— s. 10 -- 15 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 13 (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 divided into a number of divisions or branches or other sub-groups to apply to register as a fundraiser 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 that was not incorporated in Victoria, the application must be accompanied by the consent required by section 64A(3) signed by the person appointed as the responsible person of the association. 18A. Consent of intended beneficiaries also needed (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 explanation 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) -- 16 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 14 with respect to the members of the organisation. (3) For the purposes of this section, a person who will conduct or administer an intended appeal is not a beneficiary of the appeal 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 (1) Despite section 18(1), a person may apply to register as a fundraiser less than 28 days before the date she or he intends 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 (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. (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). s. 10 s. 10 -- 17 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 15 (3) Section 17A does not apply 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 registration 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. 18D. Information concerning applications (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 s. 10 -- 18 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 16 the information, seek further information in relation to the application from the person. 18E. Director may obtain information from Chief Commissioner of Police (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-section (1)(a)(ii) if the Director states that she or he believes that she or he has reasonable grounds for making the request. 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 s. 10 -- 19 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 17 or body information to check or confirm any information set out in the application. (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 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 person as a fundraiser; or (b) refuse to register the person as a fundraiser. 19A. Registration to be refused in certain cases (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-administered body corporate; or s. 10 -- 20 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 18 (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 opinion 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 person may conduct; or (b) that any fundraising 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 even though the person or an appeal manager falls within s. 10 -- 21 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 19 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. (4) Despite sub-section (3), the Director must not register a person as a fundraiser 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 (1) The Director may refuse to register a person as a fundraiser if, in the opinion of the Director— (a) the application for registration contains false or misleading information; or (b) there are significant omissions in the application for registration 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 named 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. s. 10 -- 22 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 20 (3) The Director may refuse to register a person as a fundraiser if any associate of the person— (a) is an insolvent under administration or is an externally-administered body corporate; or (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 conducting 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 In registering a person as a fundraiser, the Director may impose conditions on the s. 10 -- 23 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 21 person in relation to the conduct by the person— (a) of fundraising appeals generally; or (b) of any intended appeal. 20. Duration of registration (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 (1) On registering a person as a fundraiser, the Director must ensure that the details of the s. 10 -- 24 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 22 registration required by the regulations are placed in the register. (2) The Director must specify in the register the period for which the registration is to remain current. 21. Deemed registration if no response within 21 days (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 application, seek further information under section 18D(1) or refuse to register the person as a fundraiser. (2) The Director is also 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 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 taken by -- 25 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 23 the Director under section 18D(2) or 19. 22. Renewal of registration (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. (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 (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 the opinion of the s. 10 s. 10 -- 26 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 24 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 registered 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 (ii) inviting the registered fundraiser to comment on the proposed conditions within a time specified 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 registered 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 s. 10 -- 27 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 25 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 Without limiting section 19C or 23, the Director may impose a condition requiring 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. Division 2A—Notification of Changes 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 s. 10 -- 28 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 26 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 fundraiser must notify the Director in writing of the occurrence 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. 24A. Retention of commercial fundraiser to be notified (1) This section applies if a registered fundraiser retains a commercial fundraiser to administer all or part of a fundraising appeal and the retention of that commercial fundraiser has not been mentioned in any application submitted by the registered fundraiser under section 18 or 22. (2) The registered fundraiser 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. s. 10 -- 29 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 27 In any other case, 120 penalty units or imprisonment for 12 months or both. 24B. Bankruptcy, convictions etc. to be notified (1) In this section, a notifiable event occurs if at any time after a registered fundraiser 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 (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 guilty of a disqualifying offence. s. 10 -- 30 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 28 (2) The registered fundraiser 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- section (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 beneficiaries to be notified (1) This section applies if a registered fundraiser decides to conduct a fundraising appeal for the benefit of any person, thing, cause or class of person not previously listed as a beneficiary by the registered fundraiser under section 18(2)(g) or 22 when applying for registration, or the renewal of registration, or under this section. (2) At least 28 days before conducting any fundraising appeal on behalf of the person, thing, cause or class, the registered fundraiser— (a) must notify the Director in a form and manner approved by the Director of the additional person, thing, cause or class; and s. 10 -- 31 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 29 (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 respect 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 (1) In this section "contact person" means the natural person who is notified as the contact person for a fundraiser under section 18(2)(e) or under sub-section (2)(b). s. 10 -- 32 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 30 (2) If the person nominated as the contact person for a registered fundraiser ceases to act as the contact person, the registered fundraiser— (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.'. 11. Substitution of sections 25 and 26 For sections 25 and 26 of the Fundraising Appeals Act 1998 substitute— '25. Appeals must be conducted in accordance with conditions imposed and details given (1) In conducting a fundraising appeal, a registered fundraiser must ensure that the appeal is conducted in accordance with— (a) any conditions specified 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 (unless 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. s. 11 -- 33 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 31 (2) If the Director has sought further information under section 18D, a reference 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. 26. Proceeds may only be given to beneficiaries (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, cause or thing who is not a beneficiary of the appeal, 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 s. 11 -- 34 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 32 fundraiser or under section 24C(2); (b) any person who is acting on behalf of such a person, thing, cause or class of person; "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.'. 12. Minor consequential amendments In the Fundraising Appeals Act 1998— (a) in sections 12(1) and 27(4), for "Minister under section 20 or 23" substitute "Director under section 19C or 23"; (b) in section 30(1)(e), for "19(1)(a)" substitute "18A(1)(a)". 13. Operative date for preparation of final accounts For section 29(6) of the Fundraising Appeals Act 1998 substitute— "(6) For the purposes of this section, an appeal ends on the occurrence of the first of these events— (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 section 34, on the day the order takes effect; (c) in any other case, one month after the last significant solicitation for money or s. 12 -- 35 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 33 a benefit is made in relation to the appeal.". 14. Insertion of Division 7 into Part 3 After Division 6 of Part 3 of the Fundraising Appeals Act 1998 insert— "Division 7—Deregistration of Fundraisers 33A. Director may deregister fundraiser The Director may deregister a person as a fundraiser if— (a) the Court orders that any fundraising appeal being conducted, or proposed to be conducted, by the person be stopped; or (b) the Director is satisfied 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— (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 with 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 s. 14 -- 36 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 34 (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 beneficiary, that the description of the class is too vague, or that the class is insufficiently identified; or (e) the Director is satisfied that it is not in the public interest for the person to conduct a fundraising appeal; or s. 14 -- 37 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 35 (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 (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 Director has decided to deregister the person as a fundraiser; and (b) stating when the deregistration 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 deregistration is to take effect before the notice is given to the person. 33C. Process for other deregistration (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 s. 14 -- 38 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 36 notice, a submission in relation to whether or not the Director should deregister the person; and (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 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 otherwise distribute or deal with, any asset obtained as a s. 14 -- 39 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 37 result of any fundraising appeal that the person conducted while registered as a fundraiser; and (c) must give the Director an inventory of the assets of any fundraising appeal being conducted by the person within 3 working days after the withdrawal 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 (1) This section applies 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 taking effect, in addition to complying with section 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 s. 14 -- 40 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 38 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. 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 retained by that person was administering all or part of a fundraising appeal on behalf of that person. (2) On the deregistration taking effect the person who was deregistered must also— (a) advise the commercial 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 relationship in respect of the appeal. 33G. Restriction on fundraisers if notice of deregistration given (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 obtained as a result of any fundraising appeal s. 14 -- 41 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 39 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. (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 Civil and Administrative Tribunal cancels or otherwise revokes the notice. Note: Once the notice under section 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 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 (1) This section applies if— (a) the Director is entitled 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 s. 14 -- 42 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 40 (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. (2) The Director may not deregister the person, solely on the ground that the former associate, appeal manager or assistant was involved in the appeal or appeals. 33J. Person may apply for review of Director's decision (1) A person may apply to the Victorian Civil and Administrative Tribunal 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 review must be made within 28 days after the later of— s. 14 -- 43 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 41 (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. (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 Despite anything to the contrary 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 the Victorian Civil and Administrative Tribunal. 33L. Automatic extension of notice of deregistration (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 s. 14 -- 44 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 42 1998, requests a statement of reasons for the decision to issue the notice within 28 days after notice of the decision 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. 33M. Automatic reversal if Court order quashed etc. (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 deregistration is deemed to be registered as a fundraiser 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. s. 14 -- 45 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 43 (4) If this section applies, the Director must ensure that the register is amended accordingly.". 15. Power of Court to stop appeals (1) In section 34(1)(c) of the Fundraising Appeals Act 1998, for "interest." substitute "interest; or". (2) After section 34(1)(c) of the Fundraising Appeals Act 1998 insert— "(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 (e) that any registration 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 (f) in respect of an appeal conducted by a registered fundraiser— (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— s. 15 -- 46 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 44 (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 associate of the registered fundraiser falls within 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 Director details of the registered fundraiser, appeal manager or associate.". (3) In section 34(2) of the Fundraising Appeals Act 1998— (a) in paragraph (a), after "Minister" insert "or the Director"; (b) after paragraph (a) insert— "(aa) that the activity may bring public fundraising into disrepute; or". (4) In section 34(3) of the Fundraising Appeals Act 1998, after "Minister" insert "or the Director". (5) For section 34(4) of the Fundraising Appeals Act 1998 substitute— "(4) In making an order, the Court— s. 15 -- 47 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 45 (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 distributed or dealt with; (e) may stay all or part of the order; (f) may make any consequential order it thinks is necessary to give effect to the order.". 16. Insertion of section 35A After section 35 of the Fundraising Appeals Act 1998 insert— "35A. Court may make orders concerning distribution of appeal assets (1) This section applies if— (a) all the intended beneficiaries of a fundraising appeal refuse to accept the assets offered to them as a result of the appeal; or (b) all the intended beneficiaries of a fundraising appeal no longer exist or cannot be found after all reasonable enquiries 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. s. 16 -- 48 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 46 (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).". 17. Power to require information In section 44 of the Fundraising Appeals Act 1998— (a) in sub-sections (1) and (2), after "The Minister" insert "or the Director"; (b) after "the Minister" (wherever occurring) insert "or the Director"; (c) in sub-section (3), for "section 59" substitute "section 60". 18. Insertion of sections 61A and 61B After section 61 of the Fundraising Appeals Act 1998 insert— "61A. Director may order distribution of assets (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 s. 17 -- 49 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 47 (c) the registration of a person as a fundraiser expires while the person is conducting a fundraising appeal. (2) The Director may order 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 (1) This section applies if any of the circumstances listed in section 61A(1) exist in relation to a fundraising appeal. (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 s. 18 -- 50 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 48 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 administrator under this section are to be defrayed from the assets of the appeal.". 19. Insertion of sections 64A and 64B After section 64 of the Fundraising Appeals Act 1998 insert— "64A. Appointment and role of responsible person (1) This section only applies to an incorporated association that was not incorporated 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 s. 19 -- 51 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 49 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 charge 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 (1) An incorporated association that has appointed a responsible person may replace that person with another person. (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. s. 19 -- 52 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 50 (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.". 20. Insertion of sections 70A and 70B After section 70 of the Fundraising Appeals Act 1998 insert— "70A. Register (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 fundraising 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 s. 20 -- 53 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 51 that have been passed on to the beneficiaries of the appeals (regardless of whether this information relates to current appeals or not); and (e) any other information permitted by the regulations. (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 considers to be appropriate. (6) The Director may amend the register at any time to correct any mistakes in the register. 70B. Public information statements (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. s. 20 -- 54 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 52 (2) The statement or warning may identify a particular person.". 21. Additional regulation-making power After section 71(1)(d) of the Fundraising Appeals Act 1998 insert— "(da) prescribing matters that must, or that may, be included in the register;". 22. Creation of new Part After section 71 of the Fundraising Appeals Act 1998 insert— "PART 7—TRANSITIONAL PROVISIONS". 23. Insertion of sections 74 and 75 After section 73 of the Fundraising Appeals Act 1998 insert— "74. Registration as fundraiser not required in certain cases (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 the contrary in Part 3, the person may continue to conduct the appeal until the expiry of the consent or permit even though the person is not registered as a fundraiser. (3) The register may contain— s. 21 -- 55 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 53 (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. 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.". 24. Changes to references to the Minister (1) In the Fundraising Appeals Act 1998— (a) in sections 32, 33 and 64, for "Minister" (wherever occurring) substitute "Director"; (b) in sections 36(2), 37(1), 39(1), 43 and 66(1), after "Minister" (wherever occurring) insert "or the Director"; (c) in section 38(2), after "Minister" insert "or the Director (as the case may be)"; (d) in section 69 insert the following heading— "Delegation by Minister and Director"; s. 24 -- 56 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 54 (e) in section 70, for "and any delegate of the Minister" substitute ", the Director and any delegate of the Minister or the Director". (2) At the end of section 69 of the Fundraising Appeals Act 1998 insert— "(2) The Director 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 power of delegation.". ═══════════════ s. 24 -- 57 of 58 -- Act No. 70/2001 Fundraising Appeals (Amendment) Act 2001 55 ENDNOTES † Minister's second reading speech— Legislative Council: 20 June 2001 Legislative Assembly: 27 September 2001 The long title for the Bill for this Act was "to amend the Fundraising Appeals Act 1998 and for other purposes." Endnotes -- 58 of 58 --