Charities Act 1994 · 2020 Revised Edition · Part 8 · Fund-Raising Appeals
37. Power of Commissioner to prohibit or restrict, or suspend, fund‑raising appeal
Feedback & supportLast amended by an amending law of 2018. 2 amendments in all.
Despite any exemption or permit granted under section 36, the Commissioner may, at any time, by order in the Gazette —
Commissioner
“Commissioner” means the Commissioner of Charities appointed under section 3;
prohibit or stop the conduct of any fund‑raising appeal by any charity or person; or
restrict the conduct of any fund‑raising appeal by any charity or person by imposing conditions,if the Commissioner is satisfied —
that any fund-raising appeal conducted by the charity or person has not been conducted in good faith for charitable, benevolent or philanthropic purposes;
that any of the persons who have conducted a fund-raising appeal, or any persons associated with any such appeal, are not fit and proper persons to administer, or to be associated with, a fund‑raising appeal for charitable, benevolent or philanthropic purposes;
that any fund-raising appeal has been improperly administered;
that, in connection with any fund-raising appeal conducted, the provisions of this Act or the regulations or the conditions imposed by the Commissioner were not complied with by any person conducting or participating in the appeal; or
that, in the public interest, the fund-raising appeal should not be conducted.
Without affecting subsection (1) and despite any exemption or permit granted under section 36, the Commissioner may by order in the Gazette suspend the conduct of any fund‑raising appeal if the Commissioner has reason to suspect that the circumstances in paragraph (c), (d), (e), (f) or (g) of subsection (1) apply to the fund‑raising appeal.
fund‑raising appeal
“fund‑raising appeal” means —(a)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(b)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;
An order of suspension under subsection (2) must be for a fixed period, but the Commissioner may make one or more further extensions of that order, each for a fixed period.
The total period of suspension under the order of suspension and every extension under subsection (3) must not exceed 24 months.
Any person who conducts any fund-raising appeal in contravention of any order made by the Commissioner under subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.[39B