33NDirector may deregister deemed registered fundraisers

33N Director may deregister deemed registered fundraisers

(1) The Director, by written notice, may deregister a Commonwealth registered entity as a deemed registered fundraiser 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 registration by the Director; or

(e) any other circumstances exist that justify the deregistration.

(2) Before deregistering a Commonwealth registered entity as a deemed registered fundraiser under subsection (1), the Director—

(i) stating that the Director is considering whether to deregister the deemed registered fundraiser and the reasons why the Director is considering doing so; and

(ii) inviting the deemed registered fundraiser to make a submission on the proposed deregistration 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 Commonwealth registered entity a second written notice which states—

(a) that the deemed registered fundraiser is deregistered for the purposes of this Act and the reasons for the deregistration; and

(b) when the deregistration takes effect; and

(c) any conditions with which the Commonwealth registered entity must comply before the entity may give any further notice under section 23AB(1).

(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 Commonwealth registered entity.

S. 33O inserted by No. 47/2019 s. 40.