On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 31/10/2007.
PART VIII
FUND-RAISING APPEALS
39.
—(1) In this Part and any regulations made for the purpose of this Part, unless the context otherwise requires —
“fund-raising appeal” means —
(a)
an appeal, whether made expressly or impliedly, to any member of the public to give money or other property (whether for consideration or otherwise) which is made in association with a representation that the whole or any part of its proceeds is to be applied for charitable, benevolent or philanthropic purposes; or
(b)
a receipt from any member of the public of any money or other property (whether for consideration or otherwise) which is given in whole or in part for any charitable, benevolent or philanthropic purposes;
“proceeds”, in relation to a fund-raising appeal, means all money or other property given (whether for consideration or otherwise) in response to the fund-raising appeal in question.
[10/2007]
(2) In this Part and any regulations made for the purpose of this Part, unless the context otherwise requires, any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, is a reference to charitable purposes whether or not the purposes are charitable within the meaning of any rule of law.
[10/2007]
[Charities Act 1995 Ed., s. 39 (4) and (5)]
39A.
—(1) No person shall conduct or participate in any fund-raising appeal unless he is —
(a)
exempt from the provision of this section; or
(b)
a person to whom a permit has been granted by the Commissioner in accordance with regulations made for the purpose of this section.
[10/2007]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction.
[10/2007]
(3) The Minister, or such person as he may appoint, may exempt any person or class of persons from the provision of this section.
[10/2007]
[Charities Act 1995 Ed., s. 39 (1) to (3)]
39B.
—(1) Notwithstanding any exemption or permit granted under section 39A, the Commissioner may, at any time, by order published in the Gazette —
(a)
prohibit or stop the conduct of any fund-raising appeal by any charity or person; or
(b)
restrict the conduct of any fund-raising appeal by any charity or person by imposing conditions,
if he is satisfied —
(i)
that any fund-raising appeal conducted by the charity or person has not been conducted in good faith for charitable, benevolent or philanthropic purposes;
(ii)
that any of the persons who have conducted a fund-raising appeal, or any persons associated with any such appeal, are not fit and proper persons to administer, or to be associated with, a fund-raising appeal for charitable, benevolent or philanthropic purposes;
(iii)
that any fund-raising appeal has been improperly administered;
(iv)
that, in connection with any fund-raising appeal conducted, the provisions of this Act or the regulations or the conditions imposed by the Commissioner were not complied with by any person conducting or participating in the appeal; or
(v)
that, in the public interest, the fund-raising appeal should not be conducted.
[10/2007]
(2) Any person who conducts any fund-raising appeal in contravention of any order made by the Commissioner under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
[10/2007]
[NSW CFA 1991, s. 31]
40.
—(1) There shall be no judicial review in any court of any act done or decision made by the Minister or Commissioner under any regulations made for the purpose of section 39A except in regard to any question relating to compliance with any procedural requirement of the regulations governing that act or decision.
[10/2007]
(2) In this section, “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order;
(b)
an application for a declaration or an injunction; or
(c)
any other suit or action relating to or arising out of any act done or decision made in pursuance of any power conferred upon the Minister or Commissioner by any regulations made for the purpose of section 39A.