sec.18Restriction on distribution of certain devices

sec.18 Restriction on distribution of certain devices

An application may be made to the Minister by or on behalf of the governing body of any charity registered under this Act or of any association whose objects are a community purpose which is sanctioned under this Act for which any appeal or appeals for support may be made for the assigning to that charity or association of the exclusive right to distribute or dispose of a device in connection with all or any appeals for support made for that charity or objects of that association, as the case may be, or to alter any device in respect of which such exclusive right has been previously assigned. Any such application may be made with respect to appeals for support made throughout the State or in any specified part or parts of the State. Upon consideration of an application under subsection (1) the Minister in the Minister’s discretion may grant the application or refuse the application. An application may be granted for an indefinite duration of time or for such period as the Minister thinks fit and any grant may be revoked at any time by the Minister should, in the Minister’s opinion, the circumstances justify such revocation. The exclusive right to distribute or dispose of certain devices conferred by the regulations under the repealed Act on certain charities within the meaning of that Act in connection with appeals for support by or on behalf of those charities respectively shall continue for the purposes of this Act as an exclusive right to distribute or dispose of the same assigned to that particular body in connection with appeals for support made in any part of the State for the body, but without prejudice to the right of each body to apply under this section at any time and from time to time for the alteration of that device or to apply for the assigning thereto of a further device for the purposes of this section and without prejudice to the determination under this Act of any question as to whether that body is a charity or not for the purposes of all or any of the provisions of this Act. Where the exclusive right to distribute or dispose of any device is continued or is assigned by or under this Act to any charity or association in connection with all or any appeals for support made in the State or any part of the State for that charity or purpose of that association, as the case may be, then no person shall distribute or dispose of any such device (or any device so nearly resembling the same as is likely to deceive or is intended to deceive) in connection with any appeal for support for any purpose whatsoever in any part of the State or, as appropriate, in that part of the State, save in connection with an appeal for support for the charity or objects of the association, as the case may be, to which that device is for the time being assigned by or under this Act. In this section— device means badge, emblem, disc, token, artificial flower, or other device, and any reference herein to the distribution or disposal of any device shall include a reference to the distribution or disposal of any article bearing, containing, or being in any manner whatsoever a representation of such device. s 18 amd 1995 No. 57 s 4 sch 1 ; 2022 No. 23 s 50 (sec.18-ssec.1) An application may be made to the Minister by or on behalf of the governing body of any charity registered under this Act or of any association whose objects are a community purpose which is sanctioned under this Act for which any appeal or appeals for support may be made for the assigning to that charity or association of the exclusive right to distribute or dispose of a device in connection with all or any appeals for support made for that charity or objects of that association, as the case may be, or to alter any device in respect of which such exclusive right has been previously assigned. (sec.18-ssec.2) Any such application may be made with respect to appeals for support made throughout the State or in any specified part or parts of the State. (sec.18-ssec.3) Upon consideration of an application under subsection (1) the Minister in the Minister’s discretion may grant the application or refuse the application. (sec.18-ssec.4) An application may be granted for an indefinite duration of time or for such period as the Minister thinks fit and any grant may be revoked at any time by the Minister should, in the Minister’s opinion, the circumstances justify such revocation. (sec.18-ssec.5) The exclusive right to distribute or dispose of certain devices conferred by the regulations under the repealed Act on certain charities within the meaning of that Act in connection with appeals for support by or on behalf of those charities respectively shall continue for the purposes of this Act as an exclusive right to distribute or dispose of the same assigned to that particular body in connection with appeals for support made in any part of the State for the body, but without prejudice to the right of each body to apply under this section at any time and from time to time for the alteration of that device or to apply for the assigning thereto of a further device for the purposes of this section and without prejudice to the determination under this Act of any question as to whether that body is a charity or not for the purposes of all or any of the provisions of this Act. (sec.18-ssec.6) Where the exclusive right to distribute or dispose of any device is continued or is assigned by or under this Act to any charity or association in connection with all or any appeals for support made in the State or any part of the State for that charity or purpose of that association, as the case may be, then no person shall distribute or dispose of any such device (or any device so nearly resembling the same as is likely to deceive or is intended to deceive) in connection with any appeal for support for any purpose whatsoever in any part of the State or, as appropriate, in that part of the State, save in connection with an appeal for support for the charity or objects of the association, as the case may be, to which that device is for the time being assigned by or under this Act. (sec.18-ssec.7) In this section— device means badge, emblem, disc, token, artificial flower, or other device, and any reference herein to the distribution or disposal of any device shall include a reference to the distribution or disposal of any article bearing, containing, or being in any manner whatsoever a representation of such device.