Reg. 5 (Heading) substituted by S.R. No. 67/2024 reg. 6(1).
5 Definitions
In these Regulations—
Reg. 5 def. of the Act amended by S.R. No. 67/2024 reg. 6(2).
the Act means the Fundraising Act 1998;
Reg. 5 def. of the National Fundraising Principles inserted by S.R. No. 67/2024 reg. 6(3).
the National Fundraising Principles means the principles set out in Schedule 2 relating to the conduct of fundraising appeals by deemed registered fundraisers.
6 Activities not constituting a fundraising appeal
For the purposes of section 5(3)(g) of the Act, each of the following activities is not a fundraising appeal—
(a) the soliciting or receipt of any money or benefit by, or on behalf of, a person or organisation in lieu of flowers being sent to a deceased person's funeral or family during the bereavement period;
(b) the soliciting or receipt of any money or benefit by, or on behalf of, a deceased person's family for the benefit of a person or organisation in lieu of flowers being sent to the deceased person's funeral or family during the bereavement period.
7 Identification badges
(1) A person who issues an identifying badge under section 9(2) of the Act must ensure that the badge prominently displays—
(a) the name of the person conducting the fundraising appeal; and
(b) the name of the person to whom the badge is issued; and
(c) if the identifying badge is issued to a person who solicits or receives money or a benefit from a person who is in a motor vehicle on a road, an identification number that is—
(i) issued by the person conducting the fundraising appeal; and
(ii) unique to the person to whom the badge is issued.
(2) Information required to be displayed on an identifying badge under section 9(2) of the Act or subregulation (1) must—
(a) only contain lettering or numbers with a height of not less than 4 millimetres; and
(b) if the information is handwritten, be in capital letters.
(3) If an identifying badge contains information other than the mandatory information referred to in section 9(2) of the Act and subregulation (1), the information must be no greater in height than the mandatory information.
8 Fundraisers must keep records of badges
(1) A person who issues a unique identification number for the purposes of regulation 7(1)(c) must make a record of each identification number issued and the name of the person to whom it relates.
(2) A person who makes a record under subregulation (1) is exempt from having to comply with section 31(2) of the Act in relation to that record on condition that the person retains the record for at least 3 months after the end of the fundraising appeal for which the identifying badge is issued.
9 Renewal of registration
For the purposes of section 22(2)(b) of the Act, an application to renew a person's registration as a fundraiser must—
(a) contain the information required under section 18(2) for an application for registration as a fundraiser; and
(b) be accompanied by—
(i) the written consent to an intended appeal of each intended beneficiary of the appeal who has not previously provided consent to the appeal; or
(ii) a written explanation of why it is not practicable to comply with subparagraph (i).
Reg. 9A inserted by S.R. No. 67/2024 reg. 7.
9A Deemed registered fundraisers to comply with the National Fundraising Principles
When conducting a fundraising appeal, a deemed registered fundraiser must comply with the National Fundraising Principles.
Reg. 9B inserted by S.R. No. 67/2024 reg. 7.
9B Deemed registered fundraisers are exempt from certain requirements of the Act
Subject to regulation 9A, a deemed registered fundraiser when conducting a fundraising appeal in Victoria is exempt from the requirements of the following sections of the Act—
(a) section 9;
(b) section 10;
(c) section 11;
(d) section 12A;
(e) section 12B.
10 Fee for inspecting records
For the purposes of section 33 of the Act, the prescribed fee for inspection of records is $25.00.
11 Infringement penalties
For the purposes of section 61D(3) of the Act, the prescribed infringement penalty for an offence specified in column 1 of the Schedule is the amount specified in column 2 of the Schedule for that infringement offence.
12 Additional information that may be contained in the register
For the purposes of section 70A(3)(e) of the Act, the register may contain—
(a) the name and address of any commercial fundraiser that is administering all or part of a fundraising appeal for a registered fundraiser; and
(b) details of any condition that has been imposed on a registered fundraiser in accordance with the Act.
Schedule 1—Infringement penalties
Regulation 11
Item
Column 1<br>Infringement offence
Column 2<br>Infringement penalty
1
An offence against section 9(1) of the Act
2·5 penalty units
2
An offence against section 14(2) of the Act
2·5 penalty units
3
An offence against section 14(3) of the Act
2·5 penalty units
4
An offence against section 24D(2) of the Act
2·5 penalty units
5
An offence against section 29(3) of the Act
12·5 penalty units
6
An offence against section 29(4) of the Act
12·5 penalty units
7
An offence against section 29(5) of the Act
12·5 penalty units
8
An offence against section 29(8) of the Act
12·5 penalty units
9
An offence against section 29(9) of the Act
12·5 penalty units
10
An offence against section 31(1) of the Act
12·5 penalty units
11
An offence against section 31(2) of the Act
12·5 penalty units
12
An offence against section 32(2) of the Act
12·5 penalty units
13
An offence against section 33(4) of the Act
2·5 penalty units
Sch. 2 inserted by S.R. No. 67/2024 reg. 8.
Schedule 2—The National Fundraising Principles
Regulation 9A
When conducting a fundraising appeal, a deemed registered fundraiser must ensure that their employees, volunteers, contractors and anyone else who they engage or arrange to raise funds on their behalf—
Always explain the purpose of their charity and the purpose to which the funds raised will be applied in ways that are appropriate for the audience.
Are always clearly, and individually, identifiable by the public (including by ensuring that each employee, volunteer, contractor or other person who raises funds displays identification that contains the individual's name, states whether they are a volunteer, an employee or acting in some other capacity for a deemed registered fundraiser or commercial fundraising organisation, and provides the name and contact details of the deemed registered fundraiser or commercial organisation).
Always make and keep written records of the fundraising appeal that can be easily read and understood.
Always acknowledge and comply with the following—
a. refusal to make a donation;
b. request not to receive future solicitations (including marketing and promotional materials);
c. request to be contacted at a more convenient time or by a different means;
d. request to limit the number, type or frequency of solicitations.
Never conduct a door to door or telephone fundraising appeal at the following times—
a. before 9 a.m. or after 5 p.m. on a weekend;
b. before 9 a.m. or after 6 p.m. (door to door) or 8 p.m. (telephone) on a weekday;
c. on a public holiday, unless the public holiday is closely connected with a deemed registered fundraiser's charitable purpose.
Never mislead, deceive or knowingly use false or inaccurate information when fundraising.
Never place undue or unreasonable pressure on a person when fundraising, or act unconscionably in any way to obtain a donation.
Never exploit the trust, lack of knowledge, lack of capacity, apparent need for care and support, or vulnerable circumstances of any donor or prospective donor.
Always make it clear whether a donation is a one-off or an ongoing donation, and clearly explain how to end an ongoing donation.
Never accept a donation without having explained that they are part of an organisation that makes a profit from fundraising as well as how they are paid, if the fundraisers are commercial fundraisers engaged to fundraise for a deemed registered fundraiser.
At all times, when conducting a fundraising appeal, a deemed registered fundraiser must—
Conduct all reasonable due diligence when engaging third parties to assist, support or deliver fundraising activities on its behalf.
Make and keep written records of the total funds raised and the purposes for which funds are applied.
Take all reasonable measures to protect the health, safety and wellbeing of fundraisers employed or directly engaged by them, as well as members of the public, when fundraising.
Establish and maintain a complaints process that allows for proper investigation and redress of fundraising complaints that may be made by the public, and encourage anyone with concerns about a fundraising appeal conducted by or on behalf of the deemed registered fundraiser to contact them.
Ensure information covered by the Privacy Act 1988 of the Commonwealth is collected, used and managed in accordance with the Australian Privacy Principles where required under that Act.
Ensure remuneration to commercial fundraisers engaged to fundraise for a deemed registered fundraiser is not excessive when compared to money or goods received for the purpose of the fundraising appeal.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Fundraising Regulations 2019, S.R. No. 35/2019 were made on 21 May 2019 by the Governor in Council under section 71 of the Fundraising Act 1998, No. 78/1998 and came into operation on 1 June 2019: regulation 3.
The Fundraising Regulations 2019 will sunset 10 years after the day of making on 21 May 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Fundraising Regulations 2019 by statutory rules, subordinate instruments and Acts.
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑