New South Wales Consolidated Acts

CHARITABLE FUNDRAISING ACT 1991 - SECT 24A

24A Authority holders to notify Secretary of certain matters

(1) A holder of an authority must notify the Secretary in the approved form if any of the following circumstances exist-

(a) the holder’s name has changed,

(b) the holder’s address has changed,

(c) the charitable purpose for which the appeal is being or is to be conducted has changed,

(d) if the authority was granted under section 16 (1) (b)-the registration of the holder as an ACNC registered entity has been revoked,

(e) the holder becomes aware that information or a document provided in an annual return under section 23 was misleading or deceptive in a material particular,

(f) if the holder is a natural person-the person becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the person’s creditors or makes an assignment of the person’s remuneration for the creditors’ benefit,

(g) if the holder is an unincorporated association-a trustee or other person who is a member of the governing body of the organisation becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with the person’s creditors or makes an assignment of the person’s remuneration for the creditors’ benefit,

(h) if the holder is a corporation-the corporation becomes insolvent, is placed in liquidation or under external administration or is wound up,

(i) a person who is the holder, or a member of the governing body of the holder, is convicted of an offence involving fraud or dishonesty for which the maximum penalty on conviction is imprisonment for not less than 3 months,

(j) any other circumstances specified by the regulations.

(2) The notification must be given-

(a) as soon as practicable, and

(b) no later than 28 days after the person or organisation first becomes aware of the circumstances mentioned in subsection (1).

(3) To avoid doubt, 2 or more notifications may be included in the same document.

(4) A person or organisation that contravenes this section is guilty of an offence. In the case of an unincorporated organisation, each trustee or other person who, at the time of the contravention, was a member of the governing body of the organisation is guilty of an offence if the trustee or person knowingly authorised or permitted the commission of the contravention.

: Maximum penalty-200 penalty units.