Fundraising Appeals Regulations 1999

							Version No. 012

Fundraising Appeals Regulations 1999
S.R. No. 83/1999 Version incorporating amendments as at 29 February 2008 TABLE OF PROVISIONS
Regulation 1 Objectives 2 Authorising provision 3 Commencement 4 Definition 5 Activities not constituting a fundraising appeal 6 Identifying badges 7 Labelling requirements for clothing bins 8 Revoked 9 Fee for inspecting records 10 Additional information that may be contained in the register 11 Renewal of registration 12 Infringement penalties __________________ SCHEDULES SCHEDULE 1—Prescribed Infringement Penalties ═══════════════ ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details 10 10 11 12 Page 1 1 2 2 2 3 4 6 6 6 7 7

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Version No. 012

Fundraising Appeals Regulations 1999
S.R. No. 83/1999 Version incorporating amendments as at 29 February 2008 1 Objectives The objectives of these Regulations are— (a) to prescribe certain activities as not being a fundraising appeal; (b) to specify requirements for collectors' identifying badges; (c) to prescribe the information and consents required for an application to renew registration as a fundraiser;
Reg. 1(c) revoked by S.R. No. 65/2002 reg. 5, new reg. 1(c) inserted by S.R. No. 106/2002 reg. 4.

(d) to prescribe additional labelling requirements for clothing bins; (e) to prescribe the fee for inspecting records;
Reg. 1(e) amended by S.R. No. 144/2001 reg. 4(a). Reg. 1(f) inserted by S.R. No. 144/2001 reg. 4(b).

(f) to prescribe information that may be contained in the register under section 70A of the Act. 2 Authorising provision These Regulations are made under section 71 of the Fundraising Appeals Act 1998.

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Fundraising Appeals Regulations 1999 r. 3 S.R. No. 83/1999

3 Commencement (1) These Regulations, except regulation 7, come into operation on 1 July 1999. (2) Regulation 7 comes into operation on 1 October 1999. 4 Definition In these Regulations—
Reg. 4 def. of clothing bin inserted by S.R. No. 65/2002 reg. 6.

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); the Act means the Fundraising Appeals Act 1998. 5 Activities not constituting a fundraising appeal For the purposes of section 5(3) of the Act, the following activities are not a fundraising appeal— (a) the soliciting or receipt of any money or benefit by, or on behalf of, a person or organisation in lieu of flowers being sent to a funeral or to the deceased person's family during the bereavement period; (b) the soliciting or receipt of any money or benefit by, or on behalf of, the deceased person's family for the benefit of a person or organisation in lieu of flowers being sent to a funeral or to the deceased person's family during the bereavement period.

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Fundraising Appeals Regulations 1999 S.R. No. 83/1999 r. 6

6 Identifying badges (1) For the purposes of section 9 of the Act, an identifying badge must prominently display— (a) the name of the person or organisation conducting the fundraising appeal; and * * * * *

Reg. 6 amended by S.R. No. 65/2002 reg. 7(1)(a).

Reg. 6(1)(a) amended by S.R. No. 65/2002 reg. 7(1)(b). Reg. 6(1)(b) revoked by S.R. No. 65/2002 reg. 7(1)(c).

(c) the name of the collector required to wear the identifying badge; and (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) All information required to be displayed on an identifying badge by section 9 of the Act and subregulation (1) must— (a) only contain lettering or numbers with a height not less than 4 millimetres; and (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 subregulation (2).
Reg. 6(3) inserted by S.R. No. 65/2002 reg. 7(2). Reg. 6(1)(d) substituted by S.R. No. 65/2002 reg. 7(1)(d).

Reg. 6(2) inserted by S.R. No. 65/2002 reg. 7(2).

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Fundraising Appeals Regulations 1999 r. 7 S.R. No. 83/1999

Reg. 6(4) inserted by S.R. No. 65/2002 reg. 7(2).

(4) If a person or organisation issues more than one identification number in accordance with subregulation (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. 7 Labelling requirements for clothing bins

Reg. 7(1) substituted by S.R. No. 65/2002 reg. 8.

(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; (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

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Fundraising Appeals Regulations 1999 S.R. No. 83/1999 r. 7

(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 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.

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Fundraising Appeals Regulations 1999 r. 9 S.R. No. 83/1999

Reg. 7(2) substituted by S.R. No. 65/2002 reg. 8.

(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.

Reg. 8 revoked by S.R. No. 65/2002 reg. 9.

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9 Fee for inspecting records The fee for inspection of records under section 33 of the Act is $20.00.
Reg. 10 inserted by S.R. No. 144/2001 reg. 5.

10 Additional information that may be contained in the register For the purposes of section 70A(3) of the Act, in addition to the details required or permitted by the Act, the register may contain in relation to a registered fundraiser— (a) the name and address of any commercial fundraiser that is conducting or administering part or all of a fundraising appeal on behalf of the registered fundraiser; (b) details of any condition that has been imposed on the registered fundraiser in accordance with the Act.

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Fundraising Appeals Regulations 1999 S.R. No. 83/1999 r. 11

11 Renewal of registration For the purposes of section 22(2) of the Act, an application to renew a person's registration as a fundraiser must— (a) contain the information required under section 18(2) for an application for registration as a fundraiser; (b) be accompanied by— (i) the written consent to an intended appeal of each intended beneficiary of the appeal who has not previously provided consent to that appeal; or (ii) a written explanation of why it is not practicable to comply with subparagraph (i). 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 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. __________________

Reg. 11 inserted by S.R. No. 106/2002 reg. 5.

Reg. 12 inserted by S.R. No. 10/2007 reg. 3.

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Fundraising Appeals Regulations 1999 Sch. 1 S.R. No. 83/1999

Sch. 1 inserted by S.R. No. 10/2007 reg. 3.

SCHEDULES
SCHEDULE 1 PRESCRIBED INFRINGEMENT PENALTIES
Column 1 Item 1. Column 2 Provision of Act s. 9(1) Column 3 Description Failure of person conducting or participating in fundraising appeal to wear identification badge Failure of person being paid to participate in fundraising appeal to disclose that they are being paid before seeking a donation Failure of person being paid to participate in fundraising appeal to disclose that they are being paid before offering to sell anything Failure of registered fundraiser to appoint a contact person and notify Director within 7 days of appointment 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 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 Column 4 Amount prescribed 2·5 penalty units

2.

s. 14(2)

2·5 penalty units

3.

s. 14(3)

2·5 penalty units

4.

s. 24D(2)

2·5 penalty units

5.

s. 29(3)

12·5 penalty units

6.

s. 29(4)

12·5 penalty units

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Fundraising Appeals Regulations 1999 S.R. No. 83/1999 Column 1 Item 7. Column 2 Provision of Act s. 29(5) Column 3 Description Failure of person conducting appeal to ensure that accounts prepared annually and last accounts finalised within 3 months of end of appeal Failure of person who continues to administer funds or assets after appeal ends to ensure accounts finalised within 3 months of end of year Failure of person who continues to administer funds or assets after appeal ends to ensure accounts finalised within 3 months of end of administration Failure of person conducting appeal to ensure records stored at registered office or principal place of business Failure of person conducting appeal to ensure records kept for 3 years after end of appeal Failure of person to comply with direction to submit auditor's report to Director Failure of person conducting appeal to make account or record available for inspection within 21 days of receiving written request and fee (if any) Column 4 Amount prescribed 12·5 penalty units Sch. 1

8.

s. 29(8)

12·5 penalty units

9.

s. 29(9)

12·5 penalty units

10.

s. 31(1)

12·5 penalty units

11.

s. 31(2)

12·5 penalty units 12·5 penalty units 2·5 penalty units

12.

s. 32(2)

13.

s. 33(4)

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Fundraising Appeals Regulations 1999 Endnotes S.R. No. 83/1999

ENDNOTES
1. General Information The Fundraising Appeals Regulations 1999, S.R. No. 83/1999 were made on 29 June 1999 by the Governor in Council under section 71 of the Fundraising Appeals Act 1998, No. 78/1998 and came into operation as follows: All of Regulations (except regulation 7) on 1 July 1999: regulation 3(1); regulation 7 on 1 October 1999: regulation 3(2). The Fundraising Appeals Regulations 1999 will sunset 10 years after the day of making on 29 June 2009 (see section 5 of the Subordinate Legislation Act 1994).

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Fundraising Appeals Regulations 1999 S.R. No. 83/1999 2. Table of Amendments This Version incorporates amendments made to the Fundraising Appeals Regulations 1999 by statutory rules, subordinate instruments and Acts. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Fundraising Appeals (Amendment) Regulations 2001, S.R. No. 144/2001 Date of Making: 11.12.01 Date of Commencement: 1.1.02: reg. 3 Fundraising Appeals (Amendment) Regulations 2002, S.R. No. 65/2002 Date of Making: 13.8.02 Date of Commencement: 1.10.02: reg. 3 Fundraising Appeals (Renewals) Regulations 2002, S.R. No. 106/2002 Date of Making: 29.10.02 Date of Commencement: 1.11.02: reg. 3 Fundraising Appeals (Infringement Penalties Amendment) Regulations 2007, S.R. No. 10/2007 Date of Making: 27.2.07 Date of Commencement: 27.2.07

Endnotes

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Fundraising Appeals Regulations 1999 Endnotes S.R. No. 83/1999 3. Explanatory Details No entries at date of publication.

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