New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 11

11 Appeals conducted by persons engaged in business or otherwise deriving benefit

(1) A person (in this section called the
"trader" ) must not conduct a fundraising appeal--

(a) in connection with the supply of goods or services in the course of any trade or business carried on by the person, or

(b) otherwise partly for the person's benefit,

except in accordance with this section.

: Maximum penalty--200 penalty units.

(2) Such an appeal must be conducted in accordance with the following conditions--

(a) the appeal must be conducted jointly by the trader and a person or organisation that holds an authority to conduct the appeal,

(a1) the trader and the person or organisation that holds the authority to conduct the appeal must enter into a written agreement that complies with any requirements specified in the regulations regarding the conduct of the appeal,

(b) any advertisement, notice or information concerning the appeal must identify the trader and the holder of the authority,

(c) any such advertisement, notice or information must give details (to the extent required by the conditions of the authority) of the intended distribution of funds raised in the appeal or of any guaranteed minimum payment, or proportion of profits, to be paid by the trader to any person or organisation as a result of the appeal.

(2A) The regulations may make provision for or with respect to the following matters--

(a) written agreements between traders and persons or organisations that hold authorities to conduct appeals, including matters that must be included in the written agreements,

(b) matters that must be publicly disclosed by a trader when conducting an appeal in accordance with this section.

(3) Nothing in this section affects the Secretary's discretionary power to attach any other condition to an authority.