13Secretary may decide lawful and proper expenses

13 Secretary may decide lawful and proper expenses

13 Secretary may decide lawful and proper expenses

(1) For the purposes of the Act, section 20(3), the Secretary may decide what constitutes a lawful and proper expense in connection with the following—

(a) a particular fundraising appeal,

(b) a class or type of fundraising appeal,

(c) fundraising appeals generally.

(2) In deciding what constitutes a lawful and proper expense, the Secretary must have regard to the following—

(a) the type and amount of expenses generally accepted as being associated with the type of fundraising appeal concerned,

(b) whether the ratio that the amount of the expense bears to the gross income obtained from the fundraising appeal is reasonable in the circumstances.

(3) As soon as practicable after deciding an expense is a lawful and proper expense in connection with a fundraising appeal, the Secretary must—

(a) if the decision concerns an expense in relation to a particular fundraising appeal—give the authority holder for the fundraising appeal written notice of the decision, or

(b) otherwise—publish notice of the decision in the Gazette.

(4) The Secretary’s decision has effect in relation to an authority holder on the earlier of the following—

(a) when the authority holder is notified of the decision,

(b) when the decision is notified in the Gazette.