Charitable Fundraising Act 1991 (NSW)

Charitable Fundraising Act 1991 No 69

An Act to regulate public fundraising for charitable purposes; to repeal the Charitable Collections Act 1934 and to amend certain other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Charitable Fundraising Act 1991.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects The objects of this Act are— (a) to promote proper and efficient management and administration of fundraising appeals for charitable purposes, and (b) to ensure proper keeping and auditing of accounts in connection with such appeals, and (c) to prevent deception of members of the public who desire to support worthy causes.

4 Definitions (1) In this Act— ACNC registered entity has the same meaning as registered entity has in the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth. annual return means a return lodged or required to be lodged under section 23. authorised officer means— (a) a person appointed as an authorised officer under section 25A, or (b) a person appointed as an investigator under section 18 of the Fair Trading Act 1987, or (c) a police officer authorised under section 25A to exercise the functions of an authorised officer. authority means an authority in force under Part 2. charitable purpose includes any benevolent, philanthropic or patriotic purpose. conducting a fundraising appeal is defined in section 6. Department means the Department of Customer Service. fundraising appeal is defined in section 5. organisation includes any board of trustees or other body of persons, whether incorporated or unincorporated. participating in a fundraising appeal is defined in section 6. public inquirer, in relation to a public inquiry, means the person appointed under Part 3A to conduct the public inquiry. public inquiry means a public inquiry under Part 3A. registered office of a person or organisation, or branch of an organisation, that conducts fundraising appeals pursuant to an authority means the address stated in the application form referred to in section 15. Secretary means— (a) the Commissioner for Fair Trading, Department of Customer Service, or (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.