NSWIn ForceAct
Charitable Fundraising Act 1991
23Annual returns
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#### 23 Annual returns
23 Annual returns
> > (1) Within the period of 6 months after the end of each financial year, the holder of an authority is to lodge with the Secretary an annual return that—
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> > > (a) is in a form approved by the Secretary, and
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> > > (b) contains a statement that the return is true and correct, and
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> > > (c) includes the information that is required by the regulations, and
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> > > (d) is accompanied by the documents that are prescribed by the regulations (if any).
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> > Maximum penalty—50 penalty units.
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> > (2) If the holder of an authority that contravenes subsection (1) is an unincorporated organisation, each trustee or other person who, at the time of the contravention, was a member of the governing body of the organisation is also guilty of the offence if the trustee or person knowingly authorised or permitted the contravention.
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> > (3) For the avoidance of doubt, an annual return must be lodged even if, during the financial year concerned—
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> > > (a) no money, property or other benefits were received by the holder of the authority, or
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> > > (b) no fundraising appeal was conducted by the holder of the authority.
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> > (4) The Secretary may, by order in writing, exempt a person or organisation or class of persons or organisations, either unconditionally or subject to conditions, from compliance with a provision of this section.
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> > (5) The holder of an authority must not lodge an annual return that is false or misleading in a material particular.
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> > Maximum penalty—200 penalty units.
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> > (6) In this section, financial year means—
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> > > (a) in the case of a corporation—the financial year of the corporation fixed in its constituting document (if any), and
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> > > (b) in any other case—the year ending on 30 June.
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> **s 23:** Subst 2018 No 64, Sch 1\[23\].