37Minister or Director may refer question to Court for answer

37 Minister or Director may refer question to Court for answer

S. 37(1) amended by No. 70/2001 s. 24(1)(b).

(1) At any time the Minister or the Director may refer to the Court any question as to whether—

(a) a particular person in relation to a fundraising appeal—

(i) is conducting (or administering or participating in) or has conducted (or administered or participated in) the appeal; or

(ii) is or was exempt from the Act, or a part of the Act; or

(iii) has provided accurate information in any application, notice or statement required by or under this Act; or

(iv) has in any other respect complied or failed to comply with the provisions of this Act;

(b) a fundraising appeal being, or to be, conducted is or is not in the public interest.

(2) Any finding of fact, or of mixed fact and law, that the Court makes in response to an application under this section is admissible as evidence of the relevant fact in any proceedings against a person for an offence against this Act.

(3) Subsection (2) does not apply to a finding that is quashed, or that is substituted by another finding, on appeal or review.

(4) If a finding of fact, or of mixed fact and law, is substituted by another finding on appeal or review, subsection (2) applies to the substituted finding as if it had been made by the Court.