26Proceeds may only be given to beneficiaries

26 Proceeds may only be given to beneficiaries

(1) A person conducting a fundraising appeal must not give, and must not authorise or permit any other person to give, any of the net proceeds of the appeal to any person, cause or thing who is not a beneficiary of the appeal, unless otherwise permitted by the Director under subsection (2) or ordered by the Court under section 35A.

(2) On the application of a person conducting a fundraising appeal, the Director may permit the person to give part of the net proceeds of the appeal to a person who is not a beneficiary if the Director is of the opinion that there are special circumstances.

(3) In this section—

beneficiary, in relation to a fundraising appeal, means—

(a) any person, thing, cause or class of person listed as a beneficiary under section 18(2)(g) or 22 by the person conducting the appeal when applying for registration, or the renewal of registration, as a fundraiser or under section 24C(2);

(b) any person who is acting on behalf of such a person, thing, cause or class of person;

net proceeds, in relation to a fundraising appeal, means the proceeds of the appeal other than those that have been used to pay any of the expenses of conducting the appeal.