4Reference provisions

4 Reference provisions

(1) A reference to a person in this Act includes a reference to an incorporated association and to each member of an unincorporated organisation.

(2) Despite subsection (1), a reference to a person in any provision creating an offence under this Act does not include a reference to a member of an unincorporated organisation unless it can be proved that the member instigated or actively engaged in, or consented to, the conduct that constitutes the offence, or that the offence was attributable to any wilful neglect by the member.

(3) For the purposes of this Act, a person is not a member of an unincorporated organisation unless she or he has consented to being a member of the organisation.

(4) A reference to a party in relation to a court proceeding is, in the case of an incorporated association or an unincorporated organisation, a reference to the designated person of that association or organisation.

(5) A reference in this Act—

(a) to "she or he", "he or she", "her or him" or "him or her" is to be read as including a reference to "it"; and

(b) to "her or his" or "his or her" is to be read as including a reference to "its"—

if the context permits.

(6) A reference in this Act to "this Act" includes a reference to the regulations.

S. 4(7) inserted by No. 70/2001 s. 4.

(7) A reference in this Act to being found guilty of an offence includes a reference to having a charge of committing that offence found proven.

S. 4(8) inserted by No. 70/2001 s. 4.

(8) A reference in this Act to an offence under this Act, in relation to a finding of guilt, includes a reference to an offence under the Fundraising Appeals Act 1984.

S. 4(9) inserted by No. 70/2001 s. 4,
amended by No. 47/2019 s. 33.

(9) A reference in this Act to the registration of a person as a fundraiser includes a reference to the deemed registration of the person as a fundraiser under section 21, 33M or 77.

S. 4(10) inserted by No. 70/2001 s. 4.

(10) A reference to assets obtained as a result of a fundraising appeal includes, in so far as the reference relates to a particular point of time, a reference to any assets that are received in relation to the appeal after that time.

S. 4(11) inserted by No. 70/2001 s. 4.

(11) The provisions of this section are subject to any contrary intention in any other section of this Act.