5Meaning of “fundraising appeal”

#### 5 Meaning of “fundraising appeal” 5 Meaning of “fundraising appeal” > > (1) For the purposes of this Act, the soliciting or receiving by any person of any money, property or other benefit constitutes a fundraising appeal if, before or in the course of any such soliciting or receiving, the person represents— > > > > > (a) that the purpose of that soliciting or receiving, or > > > > > (b) that the purpose of an activity or enterprise of which that soliciting or receiving is a part, > > > > is or includes a charitable purpose. > > > (2) It does not matter whether the money or benefit concerned is solicited or received— > > > > > (a) in person or by other means (such as by post, telephone or electronic means), or > > > > > (b) as a donation or otherwise (such as by participation in a lottery, art union or competition; by sponsorship in connection with a walkathon, telethon or other similar event; in connection with the supply of food, entertainment or other goods or services; or in connection with any other commercial undertaking). > > > (3) The following do not, however, constitute a fundraising appeal for the purposes of this Act— > > > > > (a) a request for, or the receipt of, an amount required in good faith as the fee for renewal of membership of an organisation, > > > > > (b) an appeal by an organisation to (or the receipt of money or a benefit from) members of the organisation, > > > > > (c) a request that any property be devised or bequeathed, or the giving of any information as to the means by which any property may be devised or bequeathed, > > > > > (d) an appeal conducted exclusively or predominantly among persons sharing a common employer or place of work by one of those persons (being an appeal for a charitable purpose connected directly with another of those persons or any such other person’s immediate family) and the receipt of money or a benefit from any such appeal, > > > > > (e) an appeal to (or the receipt of money or a benefit from) any Commonwealth, State or local government authority, > > > > > (f) anything prescribed by the regulations. > > **s 5:** Am 2018 No 65, Sch 7.5 \[1\].