33Approval required to establish patriotic funds and to receive or collect for patriotic fund purposes

33 Approval required to establish patriotic funds and to receive or collect for patriotic fund purposes

(1) Except with the approval of the Director, a person must not—

(a) establish any patriotic fund; or

(b) solicit or receive subscriptions, collections, contributions or donations or raise or endeavour to raise money by a carnival, fete or entertainment or any other means (whether of the like nature or not) for raising money—

(i) in aid of any patriotic fund; or

(ii) for any purpose in connection with any service or duty whether that purpose is expressly referred to in this Act or not and whether or not the whole or part only of the subscriptions, collections, contributions, donations, money or proceeds are devoted or are intended to be devoted to any of those purposes.

(2) A person may make an application in writing to the Director for approval to establish a patriotic fund.

(3) An application under subsection (2) must specify—

(a) the proposed name of the patriotic fund;

(b) the proposed objects of the patriotic fund;

(c) the name, address and description of each proposed trustee of the patriotic fund;

(d) the name, address and description of proposed administrative officers (if any) of the patriotic fund;

(e) the name of every authorised deposit-taking institution at which it is proposed that any account of the patriotic fund will be kept;

(f) any other prescribed particulars.

(4) The Director may approve an application under subsection (2) to establish a patriotic fund by notice in writing to the person that made the application.

(5) Any approval in writing under subsection (4) may, before the patriotic fund is established, be cancelled by the Director by notice in writing to the person to whom the approval was given.

(6) The Director may by notice in writing to—

(a) the secretary of the patriotic fund; or

(b) an administrative officer of the patriotic fund; or

(c) the person who was sent the written approval—

cancel any written approval given for the purposes of subsection (1)(b).

(7) For the purposes of this section, an approval given by the Patriotic Funds Council of Victoria is to be taken to have been given by the Director.

(8) If a fund which is a patriotic fund has been established without the approval of the Director, the Director may give written approval to the continuation of the patriotic fund after the trustees apply in writing to the Director.

(9) An application under subsection (8) must specify—

(a) the name of the fund;