Without limiting section 19C or 23, the Director may impose a condition requiring that a registered fundraiser must ensure that either in any specified period, or over the course of a fundraising appeal, a specified percentage of the proceeds of the appeal must be distributed to the beneficiaries of the appeal.
Pt 3 Div. 2AA (Heading and ss 23AB–23AI)
inserted by No. 47/2019 s. 37.
Division 2AA—Commonwealth registered entities
S. 23AB inserted by No. 47/2019 s. 37.
23AB Effect of Commonwealth registration
(1) If a Commonwealth registered entity gives a notice to the Director of its intention to conduct a fundraising appeal in Victoria, the Director is taken to have registered the entity as a fundraiser under section 19.
(2) A notice under subsection (1) must be in the form approved by the Director.
(3) A Commonwealth registered entity is taken to be registered as a fundraiser under this section on and from the date on which the Director receives a notice under subsection (1).
(4) Divisions 1, 2, 2A and 7 of this Part do not apply to a deemed registered fundraiser.
S. 23AC inserted by No. 47/2019 s. 37.
23AC Duration of deemed registration
The registration of a deemed registered fundraiser remains in force until—
(a) the Director deregisters the deemed registered fundraiser under section 33N; or
(b) the deemed registered fundraiser's registration under Part 2-1 of the Commonwealth ACNC Act is revoked.
S. 23AD inserted by No. 47/2019 s. 37.
23AD Notification of changes
(1) If a deemed registered fundraiser retains a commercial fundraiser to administer all or part of a fundraising appeal, the deemed registered fundraiser must notify the Director in writing within 28 days after entering into the retention agreement with the commercial fundraiser.
(2) A deemed registered fundraiser must notify the Director in writing within 28 days after becoming aware of the occurrence of the following events—
(a) the deemed registered fundraiser becomes an insolvent under administration or an externally-administered body corporate; or
(b) the deemed registered fundraiser is found guilty of a disqualifying offence.
S. 23AE inserted by No. 47/2019 s. 37.
23AE Conditions on deemed registration
(1) At any time after receiving a notice under section 23AB, the Director may impose or vary a condition on a deemed registered fundraiser in relation to the conduct by the deemed registered fundraiser—
(b) of any fundraising appeal being conducted, or to be conducted, by the deemed registered fundraiser.
(2) The Director may impose a condition that has immediate effect if, in the opinion of the Director, there is a significant risk that an act or omission may occur that is significantly contrary to the public interest if the condition did not take effect immediately.
(3) Unless subsection (2) applies, the Director—
(i) setting out the conditions the Director wishes to impose or vary and the reasons why the Director wishes to impose or vary the conditions; and
(ii) inviting the deemed registered fundraiser to comment on the proposed conditions within a time specified in the notice; and
(b) must consider any comments made by the deemed registered fundraiser within the specified time.
(4) The Director must not specify a period of less than 7 days in a notice given under subsection (3)(a).
(5) If the Director decides to impose or vary a condition after considering any comments, the Director must give the deemed registered fundraiser a second written notice setting out the conditions and stating that the conditions apply from the date specified in the notice.
(6) For the purposes of subsection (5), the Director must not specify a date before the date on which a notice under that subsection is given to the deemed registered fundraiser.
(7) The Director may impose or vary a condition in a notice given under subsection (5) that differs from the conditions set out in a notice given under subsection (3)(a) if—
(a) the differences result from complying with any comments made under subsection (3)(b); or
(b) the differences are of a minor nature.
(8) Any guidelines issued under section 19C apply to conditions imposed under this section on a deemed registered fundraiser.
(9) Section 23A applies to a deemed registered fundraiser as if—
(b) a reference to section 19C or 23 were a reference to this section.
(10) The Director, by written notice to the deemed registered fundraiser, may revoke any condition imposed under this section.
S. 23AF inserted by No. 47/2019 s. 37.
23AF Application of this Act to deemed registered fundraisers
(1) Part 2 applies to a deemed registered fundraiser as if—
(b) a reference to conditions or obligations imposed under section 19C or 23 were a reference to a condition imposed under section 23AE; and
(c) a reference to the fundraiser's registration were a reference to the fundraiser's deemed registration under section 23AB.
(2) Division 3 of Part 3 applies to a deemed registered fundraiser as if—
(b) a reference to a condition or an obligation imposed under section 19C or 23 were a reference to a condition imposed under section 23AE; and
(c) a reference to details given under section 18 or 22 were a reference to information notified under section 23AB; and
(d) in section 26(3), in the definition of beneficiary, paragraph (a) reads—
"(a) any person, thing, cause or class of person for which the deemed registered fundraiser intends to conduct a fundraising appeal that is notified to the Director under section 23AB;".
(3) Division 4 of Part 3 applies to a deemed registered fundraiser as if—
(a) a reference to a person who is deregistered as a fundraiser under Division 7 were a reference to an entity that is deregistered as a deemed registered fundraiser under Division 7A; and
(b) a reference to an intended beneficiary were a reference to any person, thing, cause or class of person for which the deemed registered fundraiser intends to conduct a fundraising appeal that is notified to the Director under section 23AB.
(4) Section 34 applies to a deemed registered fundraiser as if—
(a) a reference to registration obtained under this Act were a reference to a deemed registration obtained under section 23AB; and
(b) a reference to a registered fundraiser were a reference to a deemed registered fundraiser.
(5) Section 61A applies to a deemed registered fundraiser as if a reference to deregistration as a fundraiser were a reference to deregistration as a deemed registered fundraiser.
(6) Section 70A applies to a deemed registered fundraiser as if a reference to registered fundraisers were a reference to deemed registered fundraisers.
(7) Section 74 applies to a deemed registered fundraiser as if a reference to registered fundraisers were a reference to deemed registered fundraisers.
S. 23AG inserted by No. 47/2019 s. 37.
23AG Suspension of deemed registration
(1) The Director may suspend a deemed registration of a Commonwealth registered entity under section 23AB if the Director is satisfied that—
(a) the deemed registered fundraiser has contravened a provision of this Act; or
(b) the proceeds of an appeal conducted by the deemed registered fundraiser in Victoria have been mismanaged or misapplied; or
(c) the deemed registered fundraiser has paid an excessive commission or other remuneration to a collector or commercial fundraiser that administers part or all of an appeal in Victoria on behalf of the deemed registered fundraiser; or
(d) the deemed registered fundraiser has contravened a condition imposed on its deemed registration by the Director; or
(e) any other circumstances exist that justify the suspension.
(2) Before suspending a deemed registration under subsection (1), the Director—
(i) stating that the Director is considering whether to suspend the deemed registration and the reasons why the Director is considering doing so; and
(ii) inviting the deemed registered fundraiser to make a submission on the proposed suspension within a time specified in the notice; and
(b) must consider any submission made by the deemed registered fundraiser within the specified time.
(3) The Director must not specify a period of less than 7 days in a notice given under subsection (2)(a).
(4) If the Director decides to suspend a deemed registration of a Commonwealth registered entity after considering a submission under subsection (2)(a)(ii), the Director must give the deemed registered fundraiser a second written notice which states—
(a) that the registration of the deemed registered fundraiser is suspended and the reasons for the suspension; and
(b) when the suspension begins; and
(c) the period of the suspension; and
(d) any conditions to which the suspension is subject.
(5) A date specified under subsection (4)(b) must not be less than 28 days after the date on which the notice under subsection (4) is given to the deemed registered fundraiser.
(6) A suspension under this section remains in force until—
(a) the end of the period specified by the Director in subsection (4)(c); or
(b) the Director gives notice that the suspension has ended.
S. 23AH inserted by No. 47/2019 s. 37.
23AH Action to be taken on suspension
(1) If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must cease any fundraising activities that the entity was undertaking in Victoria immediately before the suspension took effect.
(2) If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must not undertake any new fundraising activities in Victoria.
(3) If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must give the Director an inventory of the assets of any fundraising appeal being conducted in Victoria by the entity within 3 working days after the suspension takes effect.
(4) If the Director suspends a Commonwealth registered entity's deemed registration under section 23AG, the entity must not, without the Director's written consent, pay out or otherwise distribute or deal with any asset obtained as a result of any fundraising appeal conducted in Victoria during the period of its deemed registration.
S. 23AI inserted by No. 47/2019 s. 37.
23AI Disclosure of information relating to Commonwealth registered entities
The Director may enter into an agreement with the Commissioner of the ACNC in relation to—
(a) the manner in which a Commonwealth registered entity provides information for the purposes of this Act; and
(b) the provision of information obtained under the Commonwealth ACNC Act to the Director for the purposes of this Act.
Pt 3 Div. 2A (Heading and ss 24–24D) inserted by No. 70/2001 s. 10.