sec.33Agreements to be approved

sec.33 Agreements to be approved

A charity or association must not allow a person to make, allow to be made or assist in making, an appeal for support for the charity or association for commission or in expectation of reward unless— the charity or association and the person enter into a written agreement to do so; and the agreement has been approved by the Minister. Maximum penalty—6 penalty units. Under schedule 1 of the Acts Interpretation Act 1954 , person includes an individual and a corporation. Subsection (1) does not apply— if the person is an employee who participates in the appeal in the course of his or her employment, unless the employee’s principal duties are fundraising; or to an appeal for support under which a benefit is offered to a contributor of an amount to the appeal for support if the person making the appeal— provides the benefit as an undertaking in the ordinary course of the person’s business; and demonstrates that making or assisting in making the appeal for support is an undertaking that is ancillary to providing the benefit and is outside the ordinary course of the person’s business. s 33 amd 2016 SL No. 85 s 118 sch 1 (sec.33-ssec.1) A charity or association must not allow a person to make, allow to be made or assist in making, an appeal for support for the charity or association for commission or in expectation of reward unless— the charity or association and the person enter into a written agreement to do so; and the agreement has been approved by the Minister. Maximum penalty—6 penalty units. Under schedule 1 of the Acts Interpretation Act 1954 , person includes an individual and a corporation. (sec.33-ssec.2) Subsection (1) does not apply— if the person is an employee who participates in the appeal in the course of his or her employment, unless the employee’s principal duties are fundraising; or to an appeal for support under which a benefit is offered to a contributor of an amount to the appeal for support if the person making the appeal— provides the benefit as an undertaking in the ordinary course of the person’s business; and demonstrates that making or assisting in making the appeal for support is an undertaking that is ancillary to providing the benefit and is outside the ordinary course of the person’s business.

• (a) the charity or association and the person enter into a written agreement to do so; and
• (b) the agreement has been approved by the Minister.
• (a) if the person is an employee who participates in the appeal in the course of his or her employment, unless the employee’s principal duties are fundraising; or
• (b) to an appeal for support under which a benefit is offered to a contributor of an amount to the appeal for support if the person making the appeal— (i) provides the benefit as an undertaking in the ordinary course of the person’s business; and (ii) demonstrates that making or assisting in making the appeal for support is an undertaking that is ancillary to providing the benefit and is outside the ordinary course of the person’s business.