Fundraising Act 1998
19ARegistration to be refused in certain cases
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19A Registration to be refused in certain cases
(1) The Director must not register a person as a fundraiser if the person, or any person named in the application as an appeal manager—
(a) is an insolvent under administration or is an externally-administered body corporate; or
(b) has been found guilty of a disqualifying offence within the 10 years immediately before the application for registration was lodged; or
S. 19A(1)(c) amended by No. 13/2019 s. 221(Sch. 1 item 17).
(c) is a represented person within the meaning of the Guardianship and Administration Act 2019; or
(d) was an appeal manager for a fundraising appeal within the 10 years immediately before the application for registration was lodged that was conducted by a person who was found guilty of a disqualifying offence within that period.
(2) The Director must not register a person as a fundraiser if, in the opinion of the Director, there are reasonable grounds to suspect—
(a) that the person (or any person named in the application who may be involved in any fundraising appeal that the person may conduct) will not comply with any provision of this Act in relation to any fundraising appeal that the person may conduct; or
(b) that any fundraising appeal that the person may conduct will not be conducted or administered in good faith for the purposes stated to those from whom money will be sought; or
(c) that any fundraising appeal that the person may conduct will be contrary to the public interest.
(3) Despite subsection (1), the Director may register a person as a fundraiser even though the person or an appeal manager falls within a category described in subsection (1)(b) or (1)(d) if the Director is satisfied that circumstances exist that make it appropriate to register the person.
(4) Despite subsection (3), the Director must not register a person as a fundraiser if the person or an appeal manager has been found guilty of an offence under this Act within the 10 years immediately before the application for registration was lodged.
S. 19B inserted by No. 70/2001 s. 10.