Singapore legislation
Section 35
Section 35
Interpretation of this Part
(1)
In this Part and any regulations made for the purpose of this Part, unless the context otherwise requires —
Definition
“charitable contributions”, in relation to any representation made by any commercial participator or other person, means —
the whole or part of —
the consideration given for goods or services sold or supplied by the commercial participator or person; or
any proceeds (other than such consideration) of a promotional venture undertaken by the commercial participator or person; or
sums given by the commercial participator or person by way of donation in connection with the sale or supply of any such goods or services (whether the amount of such sums is determined by reference to the value of the goods or services or otherwise);
Definition
“charitable institution” means a charity or an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes;
Definition
“collector”, in relation to a fund-raising appeal, means any person by whom that appeal is made (whether made by the person alone or with others and whether made by the person for remuneration or otherwise);
Definition
“commercial fund-raiser” means any person who for reward solicits or otherwise procures money or other property for, or purportedly for, the benefit of a charity or any charitable, benevolent or philanthropic purpose;
Definition
“commercial participator”, in relation to any charitable institution, means any person who carries on for gain a business other than a fund‑raising business, but in the course of that business, engages in any promotional venture in the course of which it is represented that charitable contributions are to be given to or applied for the benefit of the institution;
Definition
“fund‑raising appeal” means —
an appeal by any person, whether made expressly or impliedly, for money or other property (whether as consideration or otherwise) that is made in association with a representation that the whole or any part of the money or property, or proceeds or returns from the money or property, will be applied for any charitable, benevolent or philanthropic purpose; or
the receipt by any person of any money or other property (whether as consideration or otherwise) that is given in whole or in part for any charitable, benevolent or philanthropic purpose;
Definition
“fund-raising business” means any business carried on for gain and wholly or primarily engaged in soliciting or otherwise procuring money or other property for charitable, benevolent or philanthropic purposes;
Definition
“proceeds”, in relation to a fund-raising appeal, means all money or other property given (whether for consideration or otherwise) in response to the fund‑raising appeal in question;
Definition
“promotional venture” means any advertising or sales campaign or any other venture undertaken for promotional purposes;
Definition
“represent” and “solicit” mean, respectively, represent and solicit in any manner, whether expressly or impliedly and whether done —
by speaking directly to the person or persons to whom the representation or solicitation is addressed (whether or not in the presence of the person or persons); or
by means of a statement published in any newspaper, film or radio or television programme,or otherwise, and references to a representation or solicitation are to be construed accordingly;
Definition
“services” includes facilities and, in particular —
access to any premises or event;
membership of any organisation;
the provision of advertising space; and
the provision of any financial facilities,and references to the supply of services are to be construed accordingly.
(2)
In this Part and any regulations made for the purpose of this Part —
any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, is a reference to charitable purposes whether or not the purposes are charitable within the meaning of any rule of law; and
any reference to soliciting or otherwise procuring money or other property is a reference to soliciting or otherwise procuring money or other property whether any consideration is, or is to be, given in return for the money or other property or not.
(3)
Where —
any solicitation of money or other property for the benefit of a charitable institution is made in accordance with arrangements between any person and that institution; and
under those arrangements, the person will be responsible for receiving on behalf of the institution money or other property given in response to the solicitation,then (if the person would not be so regarded apart from this subsection) that person is regarded for the purposes of this Part as soliciting money or other property for the benefit of the institution.[39